Fredy Gonzalez-Arroyo v. Eric Holder, Jr.

MEMORANDUM

Fredy Amilcar Gonzalez-Arroyo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, and review for substantial evidence the agency’s factual findings. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

The agency correctly determined that Gonzalez-Arroyo’s conviction for violating California Penal Code § 273.5(a) is categorically an aggravated felony crime of violence under 8 U.S.C. § 1101 (a)(43)(F), where he was sentenced to a term of imprisonment of at least one year. See Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir.2010); see also United States v. Gonzalez-Tamariz, 310 F.3d 1168, 1170-71 (9th Cir.2002) (an offense classified as a misdemeanor under state law may be considered an aggravated felony under 8 U.S.C. § 1101 (a)(43)); Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054 (9th Cir. 2005) (aggravated felony definition applies to convictions entered “before, on, or after” the enactment of the Illegal Immigration Reform…