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VELASQUEZ-RIOS v. WILKINSON

Nos. 18-72990, 18-73218.

988 F.3d 1081 (2020)

Eduardo VELASQUEZ-RIOS, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent. Sanjay Joseph Desai, aka Sanjay Joseph Andrews, aka Joao Sergio Karamano Soverano, Petitioner, v. Robert M. Wilkinson, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2020.

Amended February 24, 2021.

Attorney(s) appearing for the Case

Carlos A. Cruz (argued), Alhambra, California, for Petitioner Eduardo Velasquez-Rios.

Stacy Tolchin (argued) and Megan Brewer , Law Offices of Stacy Tolchin, Los Angeles, California; Katherine Brady and Rose Cahn , Immigrant Legal Resource Center, San Francisco, California; Khaled Alrabe , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts; for Petitioner Sanjay Joseph Desai.

Alexander J. Lutz (argued), Trial Attorney; Jonathan Aaron Robbins (argued), Senior Litigation Counsel; Anthony C. Payne and Anthony P. Nicastro , Assistant Directors; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Andrew Wachtenheim , Leila Kang , and Nabilah Siddiquee , Immigrant Defense Project, New York, New York, for Amici Curiae American Immigration Lawyers Association, American Immigration Council, Detention Watch Network, Immigrant Defense Project, National Immigration Litigation Alliance, Northwest Immigrant Rights Project, California Public Defenders Association, Washington Defender Association, Six State Public Defender Offices, and Law Professors & Law School Clinics.

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and David A. Ezra, District Judge.

ORDER AND AMENDED OPINION

The opinion in the above-captioned matters filed on October 28, 2020, and published at 979 F.3d 690, is amended as follows:

At slip opinion page 15, lines 1-2, replace <Cal. Penal Code § 17(b)(1)> with <Cal. Penal Code § 17(b)>.

At slip opinion page 15, line 15, replace <Cal. Penal Code § 17(b)(1)> with <Cal. Penal Code § 17(b)>.

The panel has voted to deny both...

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