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VIZCARRA-AYALA v. MUKASEY

No. 06-73237.

514 F.3d 870 (2008)

Rafael VIZCARRA-AYALA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2008.

Attorney(s) appearing for the Case

Michael Adura-Miranda, Erika S. Rivera & Evangeline G. Abriel, Santa Clara University School of Law, Santa Clara, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Emily Anne Radford, Assistant Director, & Stephen M. Elliott, Trial Attorney, U.S. Department of Justice, Washington, DC, for the respondent.

Before: JOHN R. GIBSON, MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

BERZON, Circuit Judge:

Rafael Vizcarra-Ayala ("Vizcarra-Ayala"), a native and citizen of Mexico, challenges the Board of Immigration Appeals' ("B IA") ruling that his forgery conviction under California Penal Code § 475(c) ("Penal Code § 475(c)") renders him an aggravated felon pursuant to Immigration and Naturalization Act ("INA") § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R). He argues that Penal Code ...

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