Suazo Perez v. Mukasey
Opinion
Opinion
BACKGROUND
Suazo is a native and citizen of Mexico who entered the United States in 1989 and became a lawful permanent resi- dent in 2005. Suazo was then convicted for domestic violence assault in the fourth degree under RCW §§ 9A.36.041, 1 Where the BIA affirms an IJ’s order without opinion, we review the IJ’s decision as the final agency action. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir. 2004). 876 SUAZO PEREZ v. MUKASEY 10.99.020.2 He was sentenced to 365 days imprisonment. The Department of Homeland Security charged Suazo with being removable on the basis that his conviction constituted an “ag- gravated felony” under 8 U.S.C. §§ 1101(a)(43)(F) and 1227(a)(2)(A)(iii), or a “crime involving moral turpitude” under 8 U.S.C. § 1227(a)(2)(A)(i).
Expressly applying a modified categorical approach, the IJ concluded that Suazo’s conviction for fourth degree domestic violence assault was a “crime of violence” under 18 U.S.C. § 16(a),3 and ordered Suazo’s removal on the basis of his “ag- gravated felony” conviction. The IJ also concluded that Suazo had not committed a crime involving moral turpitude. The BIA summarily affirmed the IJ’s decision.