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ROJAS v. HOLDER

No. 08-74331.

704 F.3d 792 (2012)

Oscar ROJAS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2012.

Attorney(s) appearing for the Case

John M. Pope and Benjamin T. Wiesinger (argued), Pope & Associates, PC, Phoenix, AZ, for Petitioner.

Richard M. Evans , Andrea Gevas (argued), Aliza Bessie Alyeshmerni , Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: J. CLIFFORD WALLACE and CARLOS T. BEA, Circuit Judges, and JANE A. RESTANI, Judge.

OPINION

WALLACE, Circuit Judge:

Rojas was denied pre-conclusion voluntary departure by an Immigration Judge (IJ). The Board of Immigration Appeals (Board) affirmed without a written opinion, and Rojas petitioned us for review.

Rojas's narrow but specific argument is that the IJ erred by considering facts which, in a criminal case, might be evidence of a crime. He contends that in doing so, the IJ was using a crime as evidence against him even though...

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