Takapu

MEMORANDUM

Finau Dominic Takapu petitions for review of the Board of Immigration Appeals’ order affirming an Immigration Judge’s (“IJ’s”) denial of Takapu’s challenge to his removal order and his applications for withholding of removal and relief under the CAT. We deny the petition.

1. We have jurisdiction to review Taka-pu’s purely legal contention that his conviction for an offense under California Penal Code § 248(d) does not constitute a crime of violence under 18 U.S.C. § 16 (a), and is therefore not an aggravated felony under 8 U.S.C. § 1101 (a)(43)(F). 8 U.S.C. § 1252 (a)(2)(D).

Under the Supreme Court’s opinion in Taylor v. United States, 495 U.S. 575, 588-89 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), we compare the state statute of conviction to the federal predicate offense to determine whether there is a categorical match (i.e., all conduct for which someone could realistically be convicted under state statute falls within the federal offense). California Penal Code § 243(d) provides that “[w]hen a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one…