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Ruben Adolfo Ceron v. Holder

The Ninth Circuit granted rehearing en banc and vacated the published decision in Ceron v. Holder, which had held that assault with a deadly weapon in violation of California Penal Code section 245(a)(1) is categorically a crime involving moral turpitude (CIMT). The panel had so held despite an en banc decision that had stated assault with a deadly weapon was not a CIMT. See Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1073 (9th Cir. 2007), overruled on other grounds by United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc). The panel had disregarded that statement as wrong and not controlling. The court's decision to take up the case en banc should give it the opportunity to provide much-needed guidance on the immigration consequences of this common conviction.