Cornejo-Villagrana v. Whitaker, No. 13-72185 (9th Cir. 2018)
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The Ninth Circuit filed 1) an order granting a petition for panel rehearing, amending the opinion filed on September 14, 2017, which was previously withdrawn, and denying a petition for rehearing en banc; and 2) an amended opinion denying a petition for review of the BIA's decision.
In the amended opinion, the panel held that petitioner's conviction for class one misdemeanor domestic violence assault under Arizona Revised Statutes 13-1203 and 13-3601 was a crime of domestic violence under 8 U.S.C. 1227(a)(2)(E) that rendered him removable. The panel held that the statute was divisible and, under the modified categorical approach, there was a sufficient factual basis to support that petitioner intentionally or knowingly caused any physical injury to another person. Furthermore, the domestic relationships enumerated under Arizona's domestic violence provision, Arizona Revised Statutes 3-3601(A), were coextensive with the domestic relationships described in section 1227(a)(2)(E)(i). Therefore, petitioner's misdemeanor domestic violence conviction was a crime of domestic violence under section 1227(a)(2)(E), and he was removeable.
Court Description: Immigration The panel filed: 1) an order granting a petition for panel rehearing, amending the opinion filed on September 14, 2017, which was previously withdrawn, and denying a petition for rehearing en banc; and 2) an amended opinion denying Jose Antonio Cornejo-Villagrana’s petition for review of a decision of the Board of Immigration Appeals. In the amended opinion, the panel concluded that Cornejo’s conviction for class one misdemeanor domestic violence assault under Arizona Revised Statutes §§ 13-1203 and 13-3601 was a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E) that rendered him removable. The panel concluded that the Arizona assault statute, Arizona Revised Statutes § 13-1203, is divisible and that, under the modified categorical approach, the record provided a sufficient factual basis to support a finding that Cornejo was convicted of a class one misdemeanor under Arizona Revised Statutes § 13-1203(A)(1), which requires intentionally or knowingly causing any physical injury to another person.
This opinion or order relates to an opinion or order originally issued on September 14, 2017.
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