Eduardo Diaz-Orozco v. Eric Holder, Jr.

MEMORANDUM

Petitioner Eduardo Diaz-Orozco' (“petitioner”) seeks review of a final order from the Board of Immigration Appeals directing his removal to Mexico. See 8 U.S.C. § 1252 (a). We deny the petition in part and dismiss it in part.

The Board correctly determined that petitioner’s conviction of attempted aggravated assault under Ariz.Rev.Stat. §§ 13-1203(A)(1), 13-1204(A)(2), & 13-1001, qualifies as an aggravated felony/crime of violence under 8 U.S.C. § 1101 (a)(43)(F). Attempted aggravated assault under Arizona law covers only intentional conduct, United States v. Gomez-Hernandez, 680 F.3d 1171, 1176 (9th Cir.2012), and this offense satisfies both prongs of 18 U.S.C. § 16 . See United States v. Cabrera-Perez, 751 F.3d 1000, 1007 (9th Cir.2014) (citing United States v. Ceron-Sanchez, 222 F.3d 1169, 1172-73 (9th Cir.2000), overruled on other grounds, Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir.2006)). We lack jurisdiction to consider petitioner’s argument that the Board relied on incorrect factual determinations in finding this offense a “particularly serious crime.” See Pechenkov v. Holder, 705 F.3d 444, 448 (9th Cir.2012). Finally, petitioner fails to show that the…