Leonel Rivas-Duran v. Loretta E. Lynch

MEMORANDUM

Leonel Rivas-Duran, a native and citizen of El Salvador, petitions for review of the dismissal by the Board of Immigration Appeals (“BIA”) of. his appeal of an order of removal. Rivas-Duran challenges the denial of his applications for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”). Our jurisdiction ⅛ governed by 8 U.S.C. § 1252 . “We review the BIA’s denials of asylum, withholding of removal, and CAT relief for substantial evidence,” Gardar-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2013), and we review questions of law de novo, Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012). We dismiss the petition in part and deny in part.

Rivas-Duran was convicted by a jury of assault with a deadly weapon, in violation of California Penal Code section 245(a)(1), and was sentenced to three years in prison. This conviction is an aggravated felony and forms a basis for removal under 8 U.S.C. § 1227 (a)(2)(A)(iii). See United States v. Grajeda, 581 F.3d 1186, 1192 (9th Cir. 2009) (holding that assault with a deadly weapon is categorically a crime of violence); 8 U.S.C. § 1101 (a)(43)(F) (defining an aggravated felony…