Trang

Trang v. Ashcroft

Good Law
20 F. App'x 723
United States Court of Appeals for the Ninth CircuitOctober 10, 2001No. 99-71540; I & NS No. A25-199-932California672 words

Opinion

Lead Opinion

MEMORANDUM ***

Trang petitions this court to review the Board of Immigration Appeals’ final order of removal in his case.

Under 8 U.S.C. § 1252 (a)(2)(C), this court lacks jurisdiction to review a final order of removal against a petitioner who is “removable by reason of having committed a criminal offense covered in section ... 1227(a)(2)(A)(iii) ... of this title .... ” Trang has not challenged the BIA’s finding that his conviction for second degree assault with a deadly weapon under Rev.Code Wash. § 9A.36.021(c) is an “aggravated felony” as defined by 8 U.S.C. § 1227 (a)(2) (A) (iii). Moreover, we agree with the BIA that a violation of Rev.Code Wash. § 9A.36.021(e) is an aggravated felony. Looking to the “statutory definition of the offense,” Ye v. INS, 214 F.3d 1128, 1133 (9th Cir.2000), we determine that all the conduct reached by the statute involves either “the use, attempted use, or threatened use of physical force against the person or property of another” or “is a felony ... that by its very nature, involves *725 a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” 18 U.S.C. § 16 . Trang…

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