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LEMUS v. LYNCH

No. 12-73654.

842 F.3d 641 (2016)

Jose Daniel LEMUS, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2016.

Attorney(s) appearing for the Case

Florence Weinberg (argued) and Andrew K. Nietor , San Diego, California, for Petitioner.

Carmel A. Morgan (argued) and Gray J. Newkirk , Trial Attorneys; Luis E. Perez , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, Washington, D.C.; for Respondent.

Before: Johnnie B. Rawlinson and Jacqueline H. Nguyen, Circuit Judges, and Michael A. Ponsor, Senior District Judge.

OPINION

In Holder v. Martinez Gutierrez, ___ U.S. ___, 132 S.Ct. 2011, 182 L.Ed.2d 922 (2012), the Supreme Court unanimously held that the Board of Immigration Appeals ("BIA") permissibly construed section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b...

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