Oscar Aguilar-Zamora v. Eric Holder, Jr.

MEMORANDUM

Oscar Saul Aguilar-Zamora, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’(“BIA”) order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . 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 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 deny in part, and dismiss in part the petition for review.

Aguilar-Zamora conceded that his 1993 conviction for assault with a deadly weapon under California Penal Code § 245(a)(1), for which he was sentenced to two years of imprisonment, is an aggravated felony. The agency did not abuse its discretion in not considering whether Aguilar-Zamora poses a danger to the community in its determination that his aggravated felony was a particularly serious crime rendering him ineligible for withholding of removal where the agency is no longer required to engage in a separate determination of the danger…