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CERON v. HOLDER

No. 08-70836.

747 F.3d 773 (2014)

Ruben Adolfo CERON, aka Ruben Ceron-Casco, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2014.

Attorney(s) appearing for the Case

Mario Acosta, Jr. (argued), Law Office of Mario Acosta, Jr., PLC, Los Angeles, California; and Elsa I. Martinez, Law Office of Elsa Martinez, PLC, Los Angeles, California, for Petitioner.

Bryan S. Beier (argued), Carol Federighi, and Cindy S. Ferrier, Senior Litigation Counsel, Stuart F. Delery, Assistant Attorney General, Tony West, Assistant Attorney General, and Joseph O'Connell, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Vincent J. Brunkow and Kara Hartzler, Federal Defenders of San Diego, Inc., San Diego, California; Charles Roth, National Immigrant Justice Center, Chicago, Illinois, and Matt Adams, Northwest Immigrant Rights Project, Seattle, Washington; and Thomas E. Gorman, Keker & Van Nest LLP, San Francisco, California, for Amici Curiae.

Opinion by Judge Graber; Dissent by Judge Bea.

OPINION

GRABER, Circuit Judge:

Petitioner Ruben Adolfo Ceron seeks review of the Board of Immigration Appeals' ("BIA") decision that his conviction for assault with a deadly weapon, in violation of California Penal Code section 245(a)(1), is a removable offense under 8 U.S.C. § 1227(a)(2)(A)(i) because it is (I) "a crime involving moral turpitude" (II) "for which a sentence of one year or longer may be imposed." Reviewing de novo whether Petitioner...

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