Hector Rodriguez-Castellon v. Eric Holder, Jr.

Hector Martin Rodriguez-Castellon, a native and citizen of Mexico and lawful permanent resident, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the finding that he was removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). We hold that because Rodriguez’s state crime of conviction, California Penal Code section 288(c)(1), is a categorical crime of violence under 18 U.S.C. § 16 (b), Rodriguez is an alien convicted of an aggravated felony within the meaning of 8 U.S.C. § 1101 (a)(43)(F). Therefore, we deny the petition.

I

In April 2005, Rodriguez (at that time, a 42-year-old man) was charged with seventeen counts of lewd and lascivious acts upon children during the period between 1992 and 1997, in violation of various provisions of the California Penal Code. As amended, Count 17 of the felony information alleged that Rodriguez had sexual intercourse with a 15-year-old girl in violation of section 288(c)(1). Rodriguez pleaded nolo contendere to Count 17 on June 7, 2005 and received a six-year sentence.

In June 2009, the government served Rodriguez with a Notice to Appear, which alleged that based on his conviction under section 288(c)(1), he…