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TRONCOSO-OVIEDO v. GARLAND

No. 21-70547.

43 F.4th 936 (2022)

Esteban TRONCOSO-OVIEDO, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2022.

Attorney(s) appearing for the Case

Hillary Walsh (argued), New Frontier Immigration Law, Phoenix, Arizona, for Petitioner.

A. Ashley Arthur (argued), Trial Attorney; Dawn S. Conrad , Senior Litigation Counsel; Brian M. Boynton , Principal Deputy Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington D.C.; for Respondent.

Before: Paul J. Watford, Ryan D. Nelson, and Kenneth K. Lee, Circuit Judges.

OPINION

The question before us is whether pretrial detention that is not credited toward a defendant's sentence is confinement "as a result of conviction." See 8 U.S.C. § 1101(f)(7). We hold that it is not. We also hold that the agency properly relied...

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