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OLIVAS-MOTTA v. HOLDER

No. 10-72459.

746 F.3d 907 (2013)

Manuel OLIVAS-MOTTA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2013.

As Amended April 1, 2014.

Attorney(s) appearing for the Case

Kara L. Hartzler (argued), Florence, AZ, for Petitioner.

Gregory Darrell Mack (argued), Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent.

Peter L. Markowitz , Benjamin N. Cardozo School of Law Immigration Justice Clinic, New York, NY, for Amici Curiae Immigrant Defense Project, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center, U.C. Davis Immigration Law Clinic, and Immigration Justice Clinic of the Benjamin N. Cardozo School of Law.

Before: PROCTOR HUG, JR., ANDREW J. KLEINFELD, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Petitioner Manuel Olivas-Motta is a lawful permanent resident charged with removal under 8 U.S.C. § 1227(a)(2)(A)(ii) based on his alleged "conviction of" two crimes involving moral turpitude ("CIMTs"). Petitioner concedes that the first conviction was for a CIMT. He contends that the second was not.

The Immigration Judge ("IJ") and Board of Immigration Appeals (...

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