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SILVA v. BARR

Nos. 16-70130, 17-73272.

965 F.3d 724 (2020)

Joel Empleo SILVA, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2020.

Attorney(s) appearing for the Case

Francisco Miguel Ugarte , Office of the Public Defender, San Francisco, California, for Petitioner.

Joseph H. Hunt , Assistant Attorney General; Song Park and Papu Sandhu , Acting Assistant Directors; Christina P. Greer , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Concurrence by Judge Berzon.

OPINION

Under our precedent, petty theft under section 484(a) of the California Penal Code is a crime involving moral turpitude. See, e.g., Castillo-Cruz v. Holder, 581 F.3d 1154, 1160 (9th Cir. 2009). Although we question whether this precedent was correctly decided, we have...

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