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CORTEZ-GUILLEN v. HOLDER

No. 09-72358.

623 F.3d 933 (2010)

Jose Refugio CORTEZ-GUILLEN, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2010.

Attorney(s) appearing for the Case

Matt Adams , Betsy Tao and Valerie Zukin , Northwest Immigrant Rights Project, Tacoma, WA, for the petitioner.

Aimee J. Fredrickson and Tim Ramnitz , United States Department of Justice, Office of Immigration Litigation, for the respondent.

Before: HAWKINS, M. MARGARET McKEOWN, and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

A Mexican, now a lawful permanent U.S. resident, was convicted in Alaska of criminal "coercion." We must now decide whether that state-law conviction constitutes a "crime of violence" under Federal Immigration law. If so, he is subject to removal from this country.

We hold that the Alaska "coercion" conviction does not necessarily equate with a federal "crime of violence" and grant the petition and remand to the Board...

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