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HERNANDEZ-CRUZ v. HOLDER

No. 08-73805.

651 F.3d 1094 (2011)

Pedro Jose HERNANDEZ-CRUZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2011.

As Amended August 31, 2011.

Attorney(s) appearing for the Case

David G. Meyer of Jones Day, Los Angeles, CA, and Amber Finch of Reed Smith LLP, Los Angeles, CA, for petitioner Pedro Jose Hernandez-Cruz.

Joseph D. Hardy, Jr. and Blair O'Connor of the Office of Immigration Litigation of the Civil Division of the U.S. Department of Justice, Washington, DC, for respondent Eric H. Holder Jr.

Before: HARRY PREGERSON, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Pedro Jose Hernandez-Cruz, a native and citizen of Guatemala, was convicted twice for second-degree commercial burglary, in violation of California Penal Code § 459. As a result, the Board of Immigration Appeals (BIA) found him removable as an alien convicted of an aggravated felony, and also as an alien convicted of two crimes involving moral turpitude (CIMTs). Hernandez-Cruz petitions for review, challenging the determinations...

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