DIAZ-RODRIGUEZ v. GARLAND

No. 13-73719.

12 F.4th 1126 (2021)

Rafael DIAZ-RODRIGUEZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2021.


Attorney(s) appearing for the Case

Jerry Shapiro (argued), Law Offices of Jerry Shapiro, Encino, California, for Petitioner.

Erica B. Miles (argued) and M. Jocelyn Lopez Wright , Senior Litigation Counsel; Sara J. Bayram , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Dissent by Judge Callahan


OPINION

We confront in this appeal the same issue that arose in Martinez-Cedillo v. Sessions, 896 F.3d 979 (9th Cir. 2018). There, a divided three-judge panel held that California Penal Code § 273a(a) constitutes "a crime of child abuse, child neglect, or child abandonment...

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