Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction for domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime of violence" within the meaning of 18 U.S.C. 16(a) or (b), and is thus not a "crime of domestic violence" under INA 237(a)(2)(E)(i)), following Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).