Rodriguez-Castellon v. Holder, Jr., No. 10-73239 (9th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Mexico and lawful permanent resident, petitioned for review of the BIA's order affirming the IJ's finding that petitioner was removable under 8 U.S.C. 1227(a)(2)(A)(iii). Petitioner was charged with seventeen counts of lewd and lascivious acts upon children in violation of various provisions of the California Penal Code. The court denied the petition, holding that petitioner was an alien convicted of an aggravated felony within the meaning of 8 U.S.C. 1101(a)(43)(F) because petitioner's state crime of conviction, California Penal Code section 288(c)(1), was a categorical crime of violence under 18 U.S.C. 16(b) where it posed a substantial risk of the use of physical force.
Court Description: Immigration. The panel denied Hector Martin Rodriguez-Castellon’s petition for review from the Board of Immigration Appeals’ decision finding him removable because his conviction under California Penal Code § 288(c)(1) constituted a crime of violence under 18 U.S.C. § 16(b). The panel held that Rodriguez’s conviction for lewd and lascivious acts upon a child is a categorical crime of violence and therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). The panel held as an issue of first impression in this circuit that a violation of CPC § 288(c)(1), in the ordinary case, poses a substantial risk of the use of physical force under § 16(b).
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