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RODRIGUEZ-CASTELLON v. HOLDER

No. 10-73239.

733 F.3d 847 (2013)

Hector Martin RODRIGUEZ-CASTELLON, Aka Hector Martin Rodriguez, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2013.

Attorney(s) appearing for the Case

K. Lee Hartzler , San Diego, CA, for Petitioner.

Kohsei Ugumori (argued); Tony West , Assistant Attorney General; Emily Anne Radford , Assistant Director; Jennifer J. Keeney , Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: DIARMUID F. O'SCANNLAIN, RICHARD A. PAEZ, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Hector Martin Rodriguez-Castellon, a native and citizen of Mexico and lawful permanent resident, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the finding that he was removable under 8 U.S.C. § 1227(a)(2)(A)(iii). We hold that because Rodriguez's state crime of conviction, California Penal Code section 288(c)(1), is a categorical crime of violence under 18 U.S.C. § 16(b), Rodriguez...

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