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YOUNG v. HOLDER

No. 07-70949.

697 F.3d 976 (2012)

Joseph Cristopher YOUNG, aka Joseph Christopher Young, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2012.

Attorney(s) appearing for the Case

Katherine Mayer Mangan , Mayer Mangan, APLC, San Diego, CA; Robert W. Perrin , Latham & Watkins LLP, Los Angeles, CA, for the petitioner.

Bryan S. Beier , Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for the respondent.

Vincent J. Brunkow , Federal Defenders of San Diego, Inc., San Diego, CA, for the amici curiae.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge B. FLETCHER. Partial Concurrence and Partial Dissent by Judge IKUTA.

OPINION

GRABER, Circuit Judge.

Petitioner Joseph Young petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming a final order of removability. The BIA held that Petitioner is ineligible for cancellation of removal because he has been convicted of an aggravated felony. With a differently configured majority concurring as to each of the following issues, we hold:

(1) Petitioner failed to exhaust the claim that his conviction...

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