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AMAYA v. GARLAND

No. 18-70060.

15 F.4th 976 (2021)

Melvin Adiel AMAYA, aka Melvin Adiel Amaya-Cartagena, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2021.

Attorney(s) appearing for the Case

Andrew M. Knapp (argued), Supervising Attorney; John Kiang (argued), James M. Glassman (argued), Abraham E. Bran , Brendan E. Nafarrate , and Elizabeth A. Siruno , Certified Law Students; Southwestern School of Law, Los Angeles, California; for Petitioner.

Rebecca Hoffberg Phillips and Katherine A. Smith , Trial Attorneys; Margaret Kuehne Taylor , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Jay S. Bybee and Daniel A. Bress, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

Melvin Amaya shot his drug dealer five times and was convicted in Washington of first-degree assault. After Amaya served his sentence, the Department of Homeland Security (DHS) charged him with being removable for having been convicted of an "aggravated felony...

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