LOPEZ-BIRRUETA v. HOLDER

No. 10-70128.

633 F.3d 1211 (2011)

Maria LOPEZ-BIRRUETA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2011.


Attorney(s) appearing for the Case

Matt Adams , Northwest Immigrant Rights Project, Seattle, WA, Martha H. Rickey , Northwest Immigrant Rights Project, Granger, WA, for the petitioner.

M. Jocelyn Lopez Wright , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.

Loni A. Mahanta , Crowell & Moring LLP, San Francisco, CA, for the amicus curiae.

Before: SUSAN P. GRABER and MILAN D. SMITH, JR., Circuit Judges, and CHARLES R. BREYER, District Judge.


OPINION

GRABER, Circuit Judge:

Petitioner Maria Lopez-Birrueta petitions for review of the Board of Immigration Appeals' ("BIA") denial of special-rule cancellation of removal under the Violence Against Women Act of 1994 ("VAWA"). The BIA held that, although Petitioner's children were mistreated by their lawful-permanent-resident father, that mistreatment did not rise to the level of "battery" under 8 U.S.C. &...

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