Eliezar Abella v. Eric Holder, Jr.

MEMORANDUM

Eliezar Abella, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law. Vargas- Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir.2007). We deny in part and grant in part the petition for review, and remand for further proceedings.

The BIA correctly concluded that the amended aggravated felony definition set forth in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208 (“IIRIRA”), applies retroactively to render Abella’s conviction under California Penal Code § 192(a) an aggravated felony. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054 (9th Cir.2005) (IIRIRA definition applies retroactively). Abella’s contention that retroactive application of IIRIRA violates his rights to due process and equal protection is unpersuasive, and his contention that it violates the prohibitions against ex post facto laws and bills of attainder is foreclosed by Artukovic v. INS, 693 F.2d 894, 897 (9th Cir.1982).

In light of the Supreme Court’s…