Jose Marquez Carrillo v. Eric Holder, Jr.

Good Law
781 F.3d 1155·2015 WL 1427450·2015 U.S. App. LEXIS 5148
United States Court of Appeals for the Ninth CircuitMarch 31, 201512-70779California1,869 words

Opinion

Opinion

Fernandez, J.

Jose Luis Marquez Carrillo, a citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) order removing him due to his conviction for a crime of domestic violence. See 8 U.S.C. § 1227 (a)(2)(E)®; • Cal.Penal Code § 273.5(a) (2002). We deny the petition.

BACKGROUND

Marquez is a forty-nine-year-old native and citizen of Mexico, who entered the United States as a lawful permanent resident on or about July 20,1971.

Marquez was arrested in January 2005 for domestic violence and turned over to the Department of Homeland Security (DHS). DHS served him with a Notice to Appear, which charged him with remova-bility as an alien who had been convicted of a crime of domestic violence. The notice alleged that his 2002 conviction under § 273.5 rendered him removable pursuant to § 1227(a)(2)(E)®. On February 23, 2005, Marquez appeared before an Immigration Judge (IJ) who found him removable as charged due to the § 273.5 conviction. At that time, Marquez said his criminal record included a 1995 conviction of great bodily injury to a child, a 2002 conviction of corporal injury to his spouse, and a 2005 domestic violence conviction.

At a continued hearing on…

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