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United States Ninth Circuit


HERNANDEZ-MARTINEZ v. ASHCROFT, 02-70048

An Arizona statute under which an alien was convicted for aggravated driving under the influence statute was divisible, and its range does not include only crimes of moral turpitude for purposes of assessing deportability.

Appellate Information

  • Decided 05/27/2003
  • Published 05/27/2003

Judges

  • Before:  NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Judy Flanagan, Phoenix, AZ, for Petitioner.

  • For Appellees:
  • Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, District Director, Immigration & Naturalization Service, Phoenix, AZ, Anh-Thu P. Mai, Office of Immigration Litigation, Civil Division, Washington, DC, Shelly R. Goad, DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Ben Franklin, Washington, DC, for Respondent.
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