Valencia-Valencia

MEMORANDUM **

Javier Valencia-Valencia petitions for review of an order of the Board of Immigration Appeals finding him removable as an aggravated felon under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(in). Petitioner pled guilty on August 6, 1998, to Driving Under the Influence of Alcohol with Injury, in violation of California Vehicle Code § 23153(b). In United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir.2001), this court held that a violation of § 23153 is not a “crime of violence” as defined in 18 U.S.C. § 16 . Therefore, we find that petitioner’s conviction does not qualify as an aggravated felony under 8 U.S.C. § 1101 (a)(43)(F).

PETITION GRANTED.

This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.