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LEDEZMA-GALICIA v. HOLDER

Nos. 03-73648, 04-35048.

599 F.3d 1055 (2010)

Ramon LEDEZMA-GALICIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Ramon Ledezma-Galicia, Petitioner-Appellant, v. Phillip C. Crawford; Eric H. Holder, Jr., Attorney General; Janet Napolitano, Secretary of Homeland Security, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 9, 2005.

Resubmitted March 22, 2010.

Filed March 29, 2010.

Attorney(s) appearing for the Case

Stephen W. Manning and Jessica M. Boell, Immigrant Law Group LLP, Portland, OR, for the petitioner/petitioner-appellant.

Peter D. Keisler, Assistant Attorney General, Civil Division, and David V. Bernal, Assistant Director, Ernesto H. Molina, Jr., Senior Litigation Counsel, and Leslie McKay, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent/respondent-appellee.

Opinion by Judge BERZON; Dissent by Judge Bybee.

BERZON, Circuit Judge:

Ramon Ledezma-Galicia, a lawful permanent resident alien, was convicted in an Oregon state court in September 1988 of sodomy, for sexually molesting a minor. Current law provides that "sexual abuse of a minor" is an "aggravated felony" as defined by 8 U.S.C. § 1101(a)(43)(A), and therefore grounds for removal under 8 U.S.C. § 1227(a)(2)(A)(iii).1 Ledezma-Galicia does not dispute that his crime is an aggravated...

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