What is the test for establishing that a person is entitled to sue under section 1252(a)(2)(D) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from Cortez-guillen v. Holder Jr, 623 F.3d 933 (9th Cir. 2010):

presents a question of law, which we review de novo. 8 U.S.C. 1252(a)(2)(D); Fernandez-Ruiz v. Gonzales, 466 F.3d 1121, 1126 n. 7 (9th Cir.2006) (en banc).

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