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DIMAYA v. LYNCH

No. 11-71307.

803 F.3d 1110 (2015)

James Garcia DIMAYA, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2015.

Attorney(s) appearing for the Case

Andrew M. Knapp (argued), Southwestern Law School, Los Angeles, CA, for Petitioner.

Nancy Canter (argued) and Jennifer Khouri, Trial Attorneys; Stuart F. Delery, Assistant Attorney General; Jennifer P. Levings, Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Sejal Zota (argued), National Immigration Project of the National Lawyers Guild, Boston, MA, for Amici Curiae Immigrant Legal Resource Center, Immigrant Defense Project, and National Immigration Project of the National Lawyers Guild.

Opinion by Judge REINHARDT; Dissent by Judge CALLAHAN.

OPINION

Petitioner James Garcia Dimaya seeks review of the Board of Immigration Appeals' (BIA) determination that a conviction for burglary under California Penal Code Section 459 is categorically a "crime of violence" as defined by 8 U.S.C. § 1101(a)(43)(F), a determination which rendered petitioner removable...

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