Edgar Reyes-Vara v. Eric Holder, Jr., No. 09-1574 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1574 EDGAR JAVIER REYES-VARA, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 19, 2009 Decided: December 2, 2009 Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Edgar Javier Reyes-Vara, Petitioner Pro Se. Daniel Eric Goldman, Senior Litigation Counsel, Tyrone Sojourner, Matthew Allan Spurlock, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edgar Mexico, Javier petitions Immigration Reyes-Vara, for Appeals review ( Board ) of a native an order dismissing his and of citizen the of Board from appeal of the Immigration Judge s decision, which found him removable as an alien convicted of a crime of violence that qualified as an aggravated felony and ordered him removed to Mexico. Before this court, Reyes-Vara contends the Board erred in finding that he was convicted of an aggravated felony. Based on our review of the record, we agree that the 2007 conviction under Virginia law for assault and battery against a family member, third offense, amounted to a crime of violence and was See 8 U.S.C. § 1101(a)(43)(F) therefore an aggravated felony. (2006); 18 U.S.C. § 16(a) (2006). Thus, the Board properly upheld the charge of removability on this ground. See 8 U.S.C. § 1227(a)(2)(A)(iii) (2006); In re: Reyes-Vara (B.I.A. Apr. 29, 2009). Accordingly, dispense with oral we deny argument the petition because the for facts review. and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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