Delgado-Hernandez

Boris Edember Delgado-Hernandez (“Delgado”) seeks review of a final order of removal following the Board of Immigration Appeals’ (“BIA”) determination that his conviction for attempted kidnapping under California Penal Code § 207(a) is an aggravated felony because it is categorically a crime of violence. We deny the petition because an ordinary case of kidnapping under this statute presents a substantial risk of force, and therefore § 207(a) defines a crime of violence.

Background

Delgado, a citizen of El Salvador, was lawfully admitted to the United States on July 23, 2001, and became a lawful permanent resident in 2003. He pled guilty to the attempted kidnapping of his cousin on April 12, 2006 under California Penal Code § 207(a), and was sentenced to eighteen months in prison. The Department of Homeland Security initiated removal proceedings against Delgado in September of 2006, charging him as removable under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227 (a)(2)(A)(iii) as an alien convicted of an aggravated felony under 8 U.S.C. § 1101 (a)(43)(F). The Immigration Judge found that attempted kidnapping under § 207(a) was an aggravated felony. Delgado…