Agbor

MEMORANDUM

Takim Takim Agbor, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the Immigration Judge’s decision finding him removable as an aggravated felon pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii). We review whether a criminal offense constitutes an aggravated felony de novo. Martinez-Perez v. Gonzales, 417 F.3d 1022, 1025 (9th Cir.2005). In addition, Agbor argues that he is entitled to deferral of removal under the Convention Against Torture (“CAT”) pursuant to 8 C.F.R. § 1208.17 . We apply a substantial evidence standard of review to claims under the CAT. Lanza v. Ashcroft, 389 F.3d 917, 936 (9th Cir.2004). Because the parties are familiar with the facts, we need not recite them here. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review and hold that Agbor is not entitled to deferral of removal.

I

Agbor pled guilty to one count of manslaughter, in violation of Utah Code § 76- 5-205. He argues that the statute is not a crime of violence pursuant to 18 U.S.C. § 16 (b).

We first consider whether the criminal offense “is categorically a crime of violence by assessing whether…