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CERON v. HOLDER

No. 08-70836.

712 F.3d 426 (2013)

Ruben Adolfo CERON, aka Ruben Ceron-Casco, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2013.

Attorney(s) appearing for the Case

Mario Acosta, Jr. , Martinez Goldsby & Associates, PLC, Los Angeles, CA, for Petitioner.

Joseph A. O'Connell , Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Opinion by Judge GRABER; Dissent by Judge IKUTA.

OPINION

GRABER, Circuit Judge:

Petitioner Ruben Adolfo Ceron pleaded nolo contendere in California state court to assault with a deadly weapon, in violation of California Penal Code section 245(a)(1). The state court sentenced Petitioner to 364 days to be served in county jail, but it suspended that sentence and imposed probation instead. The Board of Immigration Appeals ("BIA") held that Petitioner was removable pursuant to 8 U.S.C. § 1227(a)(2)(A...

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