United States v. Cabrera-Perez, No. 13-50148 (9th Cir. 2014)Annotate this Case
Defendant appealed the denial of his motion to dismiss an indictment charging attempted entry after deportation. The court applied the modified categorical approach and held that defendant's state conviction for aggravated assault constituted a crime of violence. Consequently, defendant was not eligible for voluntary departure at his February 2005 immigration hearing. Accordingly, defendant's attempt to attack collaterally the deportation order underlying his illegal reentry conviction because he was not adequately advised of the voluntary departure remedy failed. The court affirmed the district court's judgment.
The court issued a subsequent related opinion or order on June 18, 2014.