Vigen Najaryan v. Eric Holder, Jr.

MEMORANDUM

Vigen Voskanovich Najaryan (“Najar-yan”), a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for deferral of removal under the Convention Against Torture (“CAT”). Although Najaryan was removable for having committed a crime of violence, we have jurisdiction under 8 U.S.C. § 1252 because his CAT claim was denied on the merits. See Morales v. Gonzales, 478 F.3d 972, 980 (9th Cir.2007). We review factual findings for substantial evidence. See Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny the petition.

Najaryan was removable because assault with a firearm in violation of California Penal Code section 245(a)(2) is categorically a crime of violence, United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir.2009); see United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir.2009), and thus an aggravated felony as defined by 8 U.S.C. 1101(a)(43)(F).

Ceron v. Holder, 747 F.3d 773 (9th Cir.2014) (en banc), did not undermine the holdings of Heron-Salinas and Grajeda. See United States v. Jimenez-Arzate, 776 F.3d 662 , 2015 WL 149802 (9th…