Varinder Singh v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Varinder Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir.2008), and for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny in part and dismiss in part the petition for review.
The BIA correctly determined that Singh is removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) because his conviction under California Penal Code § 422, which resulted in a prison sentence of one year and four months, constitutes an aggravated-felony crime of violence. See 8 U.S.C. § 1101 (a)(43)(F) (“The term ‘aggravated felony’ means ... a crime of violence ... for which the term of imprisonment [is] at least one year”); Rosales-Rosales v. Ashcroft, 347 F.3d 714, 717 (9th Cir.2003) (“[California Penal Code] § 422 meets the definition of a ‘crime of violenee[.]’ ”); Latter-Singh v. Holder, 668 F.3d 1156, 1158 (9th Cir.2012).