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SALAZAR-LUVIANO v. MUKASEY

No. 05-70505.

551 F.3d 857 (2008)

Norberto SALAZAR-LUVIANO, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2008.

Attorney(s) appearing for the Case

David A. Schlesinger (presented argument) and Andrea Guerrero (authored briefs), Guerrero, Jacobs & Schlesinger, LLP, San Diego, CA, for the petitioner.

Colette J. Winston (presented argument) and Janice K. Redfern (authored brief), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: MYRON H. BRIGHT, MICHAEL DALY HAWKINS, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

HAWKINS, Circuit Judge:

Is aiding and abetting an attempted escape from custody an "obstruction of justice" crime, and therefore an aggravated felony, within the meaning of the Immigration and Nationality Act ("INA") § 101(a)(43)(S)? Petitioner Norberto Salazar-Luviano ("Salazar-Luviano") argues that it is not and that he is therefore eligible for cancellation of removal under INA § 240A(a). We agree, grant his petition for review, and...

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