Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another), not shown on this record under modified categorical analysis to be a crime of domestic violence, within the meaning of 8 U.S.C. 1227(a)(2)(E)(i), because there was insufficient documentation to establish a domestic relationship; dismissed counts naming spouse as victim, sentence to domestic violence counseling, and order to stay away from spouse cannot be used to establish that conviction for battery of unnamed victim was a crime of domestic violence).

jurisdiction: 
Ninth Circuit

 

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