William Jimenez Bolanos v. Eric Holder, Jr.

This immigration case raises a single issue: Does a conviction under California Penal Code section 417.3 count categorically as a “crime of violence” and therefore as an “aggravated felony” because of which the convicted person is ineligible for cancellation of removal? We answer that question “yes” and, accordingly, dismiss the petition.

Petitioner William Ernesto Jimenez Bo-lanos is a native and citizen of El Salvador. He entered the United States as a legal permanent resident in 1999. About ten years later, Petitioner pleaded guilty to, and was therefore convicted of, brandishing a firearm in the presence of the occupant of a motor vehicle, in violation of California Penal Code section 417.3. He received a 16-month sentence plus a stayed two-year sentence because of the gang-related nature of the offense.

The Department of Homeland Security then served on Petitioner a Notice to Ap pear, charging that he was removable under 8 U.S.C. § 1227 (a)(2)(C) because, after admission, he was convicted of a firearm offense. He admitted the factual allegations in the notice but sought cancellation of removal, asylum, withholding of removal, and protection under the Convention…