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ALVARADO v. HOLDER

No. 10-71236.

759 F.3d 1121 (2014)

Luis Felipe Juarez ALVARADO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2014.

Attorney(s) appearing for the Case

Miguel A. Estrada and Scott P. Martin (argued), Gibson, Dunn & Crutcher LLP, Washington, D.C., for Petitioner.

Tony West , Assistant Attorney General, Civil Division, Linda S. Wernery , Assistant Director, Officer of Immigration Litigation, Kerry A. Monaco , Trial Attorney, and Jamie M. Dowd (argued), Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: RAYMOND C. FISHER, RONALD M. GOULD and MORGAN B. CHRISTEN, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We consider whether the Department of Homeland Security has met its burden of proving that the petitioner, Luis Felipe Juarez Alvarado, is removable from the United States as an alien convicted of a violation of state law relating to a controlled substance. See 8 U.S.C. § 1227(a)(2)(B)(i). Juarez Alvarado pled guilty to attempted possession of a dangerous drug, in violation of Arizona Revised Statute § 13-3407...

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