Ortiz-Magana

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERARDO ORTIZ-MAGANA, 

Petitioner, No. 06-72797 v.  Agency No.

A75-184-118

MICHAEL B. MUKASEY, Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 15, 2008* San Francisco, California

Filed April 28, 2008

Before: Barry G. Silverman, M. Margaret McKeown, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman

*The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

4561 4564 ORTIZ-MAGANA v. MUKASEY

COUNSEL

Kari E. Hong, Esq., Law Offices of Kari E. Hong, Portland, Oregon, for the petitioner.

Dalin R. Holyoak, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washing- ton, D.C., for the respondent.

OPINION

TALLMAN, Circuit Judge:

Assault with a deadly weapon under California Penal Code § 245(a)(1) is a crime of violence as defined by 18 U.S.C. § 16; therefore, an alien convicted of that offense generally is an…