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GOMEZ FERNANDEZ v. BARR

No. 19-70079.

969 F.3d 1077 (2020)

Jose Carmen GOMEZ FERNANDEZ, aka Jobe Carmen Gomez, aka Jose Carmen Gomez, aka Jose Gomez Carmen, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2020.

Attorney(s) appearing for the Case

Robert G. Berke (argued), Berke Law Offices Inc., Canoga Park, California, for Petitioner.

Bernard A. Joseph (argued), Senior Litigation Counsel; Derek C. Julius , Assistant Director; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: MILAN D. SMITH, JR. and ANDREW D. HURWITZ, Circuit Judges, and DAVID A. EZRA, District Judge.

OPINION

Shortly after Jose Gomez Fernandez, a native and citizen of Mexico, became a lawful permanent resident, a jury convicted him of second degree murder in violation of California Penal Code § 187(a). The Department of Homeland Security (DHS) charged Gomez with being removable from the United States pursuant...

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