Jose Romero-Almanza, Etc. v. Eric Holder, Jr.

MEMORANDUM

Jose Antonio Romero-Almanza, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immi gration judge’s (“IJ”) decision finding him removable from the United States as an aggravated felon based on his conviction for attempted subornation of perjury under California Penal Code sections 127 and 664. The issues on appeal also include whether Romero received a constitutionally adequate hearing. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo both whether a particular offense constitutes an aggravated felony, Mandujano-Real v. Mukasey, 526 F.3d 585, 588-89 (9th Cir.2008), and claims of due process violations in removal proceedings. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). We deny the petition.

A. Romero’s Aggravated Felony Conviction

To determine whether a particular state conviction is an “aggravated felony,” the Court applies the categorical approach. Taylor v. United States, 495 U.S. 575, 588-89 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). In the context of “attempt” offenses, the proper inquiry under Taylor proceeds in two steps. See United States v. Saave-drar-Velazquez,…