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CERVANTES v. HOLDER

No. 10-73384.

772 F.3d 583 (2014)

Adrian Vargas CERVANTES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2014.

Attorney(s) appearing for the Case

Judy Lorenzo (argued), Law Offices of Judy Lorenzo, San Jose, California, for Petitioner.

Tony West , Assistant Attorney General, Civil Division; Aimee J. Carmichael (argued), Gregory M. Kelch , Attorneys, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: MARY M. SCHROEDER, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

Adrian Vargas Cervantes ("Vargas") petitions for review of a final order of removal. The Board of Immigration Appeals ("BIA") found Vargas inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I), and ineligible for an exception under § 1182(a)(2)(A)(ii), because it found that Vargas was convicted of two crimes involving moral turpitude ("CIMTs") — spousal abuse under California Penal Code § 273.5(a) and threatening...

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