Contreras-Sanchez

MEMORANDUM **

Marcos Contreras-Sanchez 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)(iii). Petitioner was convicted on May 14, 1998 of aggravated driving under the influence while one’s license is suspended, revoked, or in violation of a restriction, in violation of Arizona Revised Statutes §§ 28-692 and 28-697.

In United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir.2001), we held that driving under the influence of alcohol and causing bodily injury, in violation of California Vehicle Code § 23153, is not a “crime of violence” as defined in 18 U.S.C. § 16 . We reasoned that § 23153 can be violated through negligence, whereas a “crime of violence” can be committed only with a mental state of at least recklessness. See Trinidad-Aquino, 259 F.3d at 1144-1146 .

Arizona Revised Statutes § 28-692 is similar to § 23153, but lacks the element of bodily injury. Like § 23153, it can be violated through negligence, as can § 28-697, which defines aggravated driving or actual physical control while under the influence as, inter alia, committing a violation of §…