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ALANIS-ALVARADO v. MUKASEY

No. 06-72369.

541 F.3d 966 (2008)

Carlos ALANIS-ALVARADO, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2008.

Attorney(s) appearing for the Case

Manuel F. Rios, III, and Lesley Irizarry-Hougan, Rios Cantor, P.S., Seattle, WA, for the petitioner.

Jesse Bless, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

GRABER, Circuit Judge:

We must decide whether a conviction under California Penal Code section 273.6, for violating a protective order issued pursuant to California Family Code section 6320, categorically qualifies as violation of a "protection order" under 8 U.S.C. § 1227(a)(2)(E)(ii) of the Immigration and Nationality Act ("INA"). We hold that it does and, therefore, deny the petition for review.

FACTUAL AND PROCEDURAL HISTORY

Petitioner Carlos...

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