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MORALES-GARCIA v. HOLDER

No. 07-70400.

567 F.3d 1058 (2009)

Moises Eduardo MORALES-GARCIA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2009.

Attorney(s) appearing for the Case

John M. Pope, Stender & Pope, Phoenix, AZ, for the petitioner.

Lindsay E. Williams, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

TASHIMA, Circuit Judge:

Moises Eduardo Morales-Garcia ("Morales") petitions for review of a final order of removal based on the Immigration Judge's ("IJ") and Board of Immigration Appeals' ("BIA") determination that his conviction under California Penal Code § 273.5(a) is categorically a crime involving moral turpitude ("CIMT"), precluding cancellation of removal under § 240A(b) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1229b(b). We...

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