Bhatti

MEMORANDUM *

Jasbir Singh Bhatti 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 April 16, 1998 of driving under the influence of alcohol for the third time, in violation of Nevada Revised Statutes § 484.379.

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 .

Like § 23153, Nevada Revised Statutes § 484.379 can be violated through negligence. It follows that a violation of § 484.379 is not a “crime of violence.” We therefore hold that Bhatti was not convict *771 ed of an aggravated felony as defined by 8 U.S.C. § 1101 (a)(43)(F).

PETITION GRANTED.

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