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SUAZO PEREZ v. MUKASEY

No. 06-73523.

512 F.3d 1222 (2008)

Fidel SUAZO PEREZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2008.

Attorney(s) appearing for the Case

Matt Adams, Northwest Immigrant Rights Project, Seattle, Washington, for the petitioner.

Peter Keisler, Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C.; David V. Bernal, Jesse M. Bless, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.

Before: M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

McKEOWN, Circuit Judge:

Fidel Suazo Perez ("Suazo") petitions for review of the Board of Immigration Appeals' ("BIA") summary affirmance of the Immigration Judge's ("IJ") removal order1 The IJ ordered Suazo's removal on the basis that his conviction for misdemeanor assault was a conviction for a "crime of violence," and thus an "aggravated felony." Because fourth degree assault under Washington law is not categorically a "crime of violence...

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