United States v. Jorge Garcia-Navarro

MEMORANDUM

Jorge Garda-Navarro (Garcia) appeals his conviction for attempted illegal reentry after prior deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia argues that his conviction for domestic abuse under California Penal Code § 278.5 does not qualify as an aggravated felony, and he therefore was improperly placed in expedited removal proceedings. Under 8 U.S.C. § 1101 (a)(43)(F), an aggravated felony is defined as any “crime of violence,” as defined by 18 U.S.C. § 16 (a), when the conviction results in a prison term of more than one year. Garcia was sentenced to two years in state prison for his § 273.5 conviction.

Our recent opinion in United States v. Ayala-Nicanor, 659 F.3d 744 (9th Cir.2011), forecloses Garcia’s argument that a conviction under § 273.5 no longer qualifies as a “crime of violence.” In Ayala-Nicanor , we re-affirmed our prior holding in United States v. Laurico-Yeno, 590 F.3d 818 (9th Cir.2010), that a conviction under § 273.5 qualifies as a “crime of violence” under 18 U.S.C. § 16 (a). 659 F.3d at 751-52 . The district court properly denied Garcia’s motion to dismiss the indictment because…