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Nunez v. Holder, No. 06-70219

In a petition for review of the BIA's order removing petitioner from the U.S. based on his commission of a crime of moral turpitude, the petition is granted where indecent exposure under section 314 of the California Penal Code is not categorically a crime of moral turpitude.

Read Nunez v. Holder, No. 06-70219

Appellate Information

Argued and Submitted April 19, 2007

Filed February 10, 2010


Opinion by Judge Reinhardt

Dissent by Judge Bybee


For Petitioner:

Cheryl Franke, San Mateo, CA

For Respondent:

Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security

Eric Warren Marsteller and Jocelyn Lopez Wright, Office of Immigration Litigation, Department of Justice, Washington, DC