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RENDON v. HOLDER

No. 10-72239.

764 F.3d 1077 (2014)

Carlos Alberto RENDON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2014.

Attorney(s) appearing for the Case

Brigit G. Alvarez (argued), Law Office of Brigit G. Alvarez, Los Angeles, CA, for Petitioner.

Gary J. Newkirk (argued), Trial Attorney; Tony West , Assistant Attorney General; Francis W. Fraser , Senior Litigation Counsel; and Jacob A. Bashyrov , Trial Attorney, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: STEPHEN REINHARDT, RAYMOND C. FISHER, and MARY H. MURGUIA, Circuit Judges.

OPINION

REINHARDT, Circuit Judge.

In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court's decision in Descamps v. United States, ___ U.S. ___, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013). The statutory text at issue is a different portion of the same statute that the Supreme Court encountered in Descamps — California Penal Code section 459 —...

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