Ortiz-Magana

ORDER

The opinion filed on April 28, 2008, and published at 523 F.3d 1042 (9th Cir.2008), is AMENDED as follows:

Page 1050: The second full paragraph (under subsection 3) reads:

Replace with the following language:

Page 1050: Delete the third full paragraph, which states:

No petitions for rehearing or rehearing en banc will be accepted.

The mandate shall issue forthwith.

IT IS SO ORDERED.

OPINION

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 “aggravated felon” for immigration purposes. We must decide as a matter of first impression whether an alien is also an “aggravated felon” when he is convicted under section 245(a)(1) as an aider and abettor instead of as a principal. The Board of Immigration Appeals (BIA) ruled that no principled distinction can be drawn for immigration pur poses between an alien’s status as an accessory and his role as a principal in the commission of a section 245(a)(1) aggravated felony. We agree, and deny the petition for review.

I

In 1991, Gerardo Ortiz-Magana (Ortiz-Magana), an eight-year-old native and…