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MENENDEZ v. WHITAKER

Nos. 14-72730, 16-70365.

908 F.3d 467 (2018)

Elisa de Jesus MENENDEZ, Petitioner, v. Matthew WHITAKER, Acting Attorney General, Respondent. Hector Martin Rodriguez-Castellon, Petitioner, v. Matthew Whitaker, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted February 8, 2018 Pasadena, California.

Filed November 8, 2018.

Attorney(s) appearing for the Case

Sarah V. Perez (argued), Law Offices of Sarah V. Day, Los Angeles, California, for Petitioner.

Colin J. Tucker (argued) and Jane T. Schaffner , Trial Attorneys; Papu Sandhu , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Concurrence by Judge Callahan.

OPINION

We deal with two separate petitions for review. Petitioners Elisa de Jesus Menendez and Hector Rodriguez-Castellon are both subject to removal for their respective convictions under Cal. Penal Code § 288(c)(1). In Menendez's case, No. 14-72730, the BIA determined that § 288(c)(1) is categorically...

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