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SANCHEZ-AVALOS v. HOLDER

No. 07-74437.

693 F.3d 1011 (2012)

Fernando SANCHEZ-AVALOS, Petitioner v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2012.

Attorney(s) appearing for the Case

Michael K. Mehr (argued), Rachael Keast , Law Office of Michael K. Mehr, Santa Cruz, CA, for the petitioner.

Tony West , Michelle E. Latour , Jennifer J. Keeney (argued), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Opinion by Judge CLIFTON; Dissent by Judge BYBEE.

OPINION

CLIFTON, Circuit Judge:

Fernando Sanchez-Avalos ("Sanchez") petitions for review of the BIA's decision that he is not eligible for waiver of inadmissability because he was convicted of an aggravated felony. See Immigration and Nationality Act ("INA") § 212(h), codified at 8 U.S.C. § 1182(h). Sanchez argues that his conviction for sexual battery under California Penal Code § 243.4(a) did not qualify as sexual abuse of a minor...

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