Barragan-Lopez, et al v. Holder, No. 06-74884 (9th Cir. 2013)
Annotate this CasePetitioner, a citizen of Mexico and lawful permanent resident of the United States, petitioned for review of the BIA's affirmance of the IJ's order of removal. Petitioner had pled guilty to false imprisonment in violation of California Penal Code 210.5 and the IJ held that petitioner's conviction qualified as a crime of violence. The court concluded that California Penal Code 210.5 was categorically a crime of violence under 18 U.S.C. 16(b) and was therefore an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii). The court otherwise lacked jurisdiction to review petitioner's final order of removal. Accordingly, the court denied the petition in part and dismissed in part.
Court Description: Immigration. The panel denied in part and dismissed in part Rogelio Barragan-Lopez’s petition for review from the Board of Immigration Appeals’ decision finding that his conviction for false imprisonment, in violation of California Penal Code § 210.5, constituted a crime of violence. The panel held that CPC § 210.5 is a categorical crime of violence under 18 U.S.C. § 16(b), because it involves a substantial risk that force may be used. The panel held that petitioner was thus removable as an aggravated felon.
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