Carlos Figueroa-Macedo v. Eric Holder, Jr.

MEMORANDUM

Carlos Figueroa-Macedo, a native and citizen of Argentina, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the decision of an immigration judge (“IJ”) denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual determinations. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The BIA correctly concluded that Figueroa-Macedo’s 1996 conviction under California Penal Code § 422, which resulted in a prison sentence of 365 days, constitutes a conviction for an aggravated-felony crime of violence. See 8 U.S.C. § 1101 (a)(43)(F) (defining “aggravated felony” to include a crime of violence (as defined in 18 U.S.C. § 16 ) 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 violence’ as set forth in…