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RENTERIA-MORALES v. MUKASEY

Nos. 04-74742, 06-73283.

532 F.3d 949 (2008)

Irma RENTERIA-MORALES, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Maria Jesus Rivera de Alvarado, Petitioner, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2008.

Attorney(s) appearing for the Case

Martin R. Guajardo (brief) and Marty Robles (argued), Law Office of Martin R. Guajardo, San Francisco, CA, for the petitioner, Irma Renteria-Morales.

Marshall Tamor Golding (brief) and Ann Carroll Varnon (argued), United States Department of Justice, Civil Division, Washington, D.C., for the respondent, Michael B. Mukasey.

Carol Dvorkin, San Francisco, CA, for the petitioner, Maria Jesus Rivera de Alvarado.

David Schor, United States Department of Justice, Civil Division, Washington, D.C., for the respondent, Michael B. Mukasey.

Opinion by Judge IKUTA; Partial Concurrence and Partial Dissent by Judge TALLMAN

IKUTA, Circuit Judge:

The two petitions for review consolidated in this opinion1 raise the question whether a conviction for failure to appear in court in violation of 18 U.S.C. § 31462 is categorically an aggravated felony as defined by 8 U.S.C. § 1101(a)(43)(S)3 or 8 U.S.C. § 1101(a)(43)(T).4

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