Guzman Trujillo v. Holder

MEMORANDUM

Hilario Guzman Trujillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, and review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We review for abuse of discretion the agency’s determination that an alien was convicted of a particularly serious crime. Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.2012). We deny the petition for review.

The IJ correctly determined that Guzman Trujillo’s conviction under California Penal Code § 288(a) is an aggravated felony that renders him ineligible for asylum. See 8 C.F.R. § 1208.13 (c)(2)(D) (alien who files asylum application prior to April 1, 1997, is ineligible if convicted of an aggravated felony); United States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir.1999) (section 288(a) is categorically an aggravated felony under 8 U.S.C. § 1101 (a)(43)(A)).

The IJ did not abuse her discretion when she determined that Guzman Trujillo’s conviction is a particularly serious crime…