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GONZALEZ-CERVANTES v. HOLDER

Nos. 10-72781, 10-73789.

709 F.3d 1265 (2013)

Jose Crisanto GONZALEZ-CERVANTES, aka Jose Crisanto Gonzalez, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Jose Crisanto Gonzalez-Cervantes, aka Jose Crisanto Gonzalez, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2013.

Attorney(s) appearing for the Case

Kathleen Kelly Kahn (argued), Phoenix, AZ, for Petitioner.

Andrew B. Insenga (argued), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for Respondent.

Before: DOROTHY W. NELSON, A. WALLACE TASHIMA, and MARY H. MURGUIA, Circuit Judges.

OPINION

D.W. NELSON, Senior Circuit Judge:

Jose Crisanto Gonzalez-Cervantes petitions for review of the Board of Immigration Appeals' ("BIA") decision holding that there is no "realistic probability" that California would apply California Penal Code § 243.4(e) ("§ 243.4(e)") to conduct that is not morally turpitudinous and the BIA's decision denying his motion to reconsider. We have jurisdiction pursuant to 28 U.S.C. § 1252(a)(2)(D), and we...

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