Barragan-Lopez

Barragan-Lopez v. Holder

Good Law
705 F.3d 1112·2013 WL 323241·2013 U.S. App. LEXIS 1981
United States Court of Appeals for the Ninth CircuitJanuary 29, 201306-74884California1,923 words

Opinion

Opinion

Fletcher, J.

Petitioner Rogelio Barragan-Lopez, a citizen of Mexico and lawful permanent resident of the United States, pleaded guilty to false imprisonment in violation of California Penal Code § 210.5. An Immigration Judge (“U”) subsequently held that Barragan-Lopez’s conviction under § 210.5 qualified as a crime of violence under 18 U.S.C. § 16 (b), and therefore as an aggravated felony under 8 U.S.C. § 1227 (a)(2)(A)(iii). The IJ ordered Bar-ragan-Lopez removed, and the Board of Immigration Appeals (“BIA”) affirmed. We deny Barragan-Lopez’s petition for review.

I. Background

Barragan-Lopez is a native and citizen of Mexico. He became a conditional legal permanent resident on August 21, 1998.

In 2004, California charged Barragan-Lopez with false imprisonment against his daughter “for purposes of protection from arrest, which substantially increased the risk of harm to victim and for the purpose of using victim as a shield,” a felony under California Penal Code § 210.5. Barragan-Lopez pleaded guilty to the charge. The Superior Court in Los Angeles sentenced him to three years’ imprisonment.

On February 1, 2006, the government initiated removal proceedings against…

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