Javier Arellano Hernandez v. Loretta E. Lynch

Javier Arellano Hernandez’s conviction for attempted criminal threats, pursuant to California Penal Code sections 422 and 664, constitutes an aggravated felony for which he is removable. See 8 U.S.C. § 1101 (a)(43)(F), First, attempted criminal threats is categorically a crime of violence as defined under 18 U.S.C. § 16 (a). Second, the California superior court designated the conviction as a felony and imposed a sentence of “at least one year.”

I.

In 1967, Arellano Hernandez entered the United States with his parents as a legal permanent resident. In March 2009, Arellano Hernandez pleaded guilty to unlawful possession of drug paraphernalia and was sentenced to six days’ imprisonment. In September 2009, a jury convicted him of three separate crimes: (1) attempted criminal threats, a felony in violation of California Penal Code sections 422 and 664; (2) simple assault, a misdemeanor in violation of California Penal Code section 240; and (3) false imprisonment, a misdemeanor in violation of California Penal Code section 236. The superior court imposed a suspended sentence for attempted criminal threats and placed Arellano Hernandez on probation for a period of three years…