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BURGOS v. MADDEN

No. 20-55816.

81 F.4th 911 (2023)

Orlando S. BURGOS, Petitioner-Appellant, v. Raymond MADDEN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2023.

Attorney(s) appearing for the Case

Dale F. Ogden, Jr. (argued) and Michael D. Weinstein , Assistant Federal Public Defenders; Cuauhtemoc Ortega , Federal Public Defender; Mara Gonzales-Souto and Justin Van Ligten , Certified Law Students; Federal Public Defender's Office, Los Angeles, California, for Petitioner-Appellant.

Julie A. Harris (argued), Deputy Attorney General; Kenneth C. Byrne , Supervising Deputy Attorney General; Susan S. Pithey , Senior Assistant Attorney General, Lance E. Winters , Chief Assistant Attorney General; Rob Bonta , California Attorney General; California Attorney General's Office, Los Angeles, California, for Respondent-Appellee.

Before: MILAN D. SMITH, JR., DAVID F. HAMILTON, and DANIEL P. COLLINS Circuit Judges.

OPINION

Orlando Burgos appeals the denial of his 28 U.S.C. § 2254 habeas petition. Burgos was convicted in California state court of making criminal threats and assault with a deadly weapon. The victim, Martin Moya Lopez, was not authorized to reside in the United States at the time of the crimes. Prior to...

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