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ALPHONSUS v. HOLDER

No. 10-73298.

705 F.3d 1031 (2013)

Anthony Aloysius ALPHONSUS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2013.

Attorney(s) appearing for the Case

Matthew L. Hoppock, Dunn & Davison, LLC, Kansas City, MO, pro bono counsel for Petitioner.

Tony West, Assistant Attorney General, Civil Division; Terri J. Scadron, Assistant Director; and Corey L. Farrell (argued), Attorney, United States Department of Justice, Washington, D.C., for Respondent.

Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge GRABER.

OPINION

BERZON, Circuit Judge:

Our case concerns the "particularly serious crime" concept embodied in our immigration statutes, recently the subject of an extensive opinion by an en banc panel of this Court. See Delgado v. Holder, 648 F.3d 1095 (9th Cir.2011) (en banc). After deciding various other issues, Delgado remanded the case to the Board of Immigration Appeals ("BIA" or "Board"), concluding that the...

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