Juarez

Juarez v. Gonzales

Good Law
171 F. App'x 154
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-74350California284 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Hugo Juarez, a native and citizen of Mexico, petitions for review of the *155 Board of Immigration Appeals’ summaryaffirmance without opinion of an immigration judge’s (“IJ”) removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). Reviewing de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we deny the petition for review.

Juarez contends that his conviction for corporal injury on his spouse in violation of California Penal Code § 273.5(a) was not a crime of domestic violence under 8 U.S.C. § 1227 (a)(2)(E)®, because “there are no facts in the record demonstrating that [he] committed any more than a mere offensive touching.” Applying the categorical approach required by Taylor v. United States, 495 U.S. 575, 600 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), see Tokatly v. Ashcroft, 371 F.3d 613, 624 (9th Cir.2004), we conclude that section 273.5(a) punishes conduct that “is likely to involve a ‘substantial risk’ of the use of ‘physical force’ within the meaning of [18 U.S.C.] § 16(b).” Lisbey v. Gonzales, 420 F.3d 930, 932 (9th Cir.2005); cf. United States v. Jimenez, 258 F.3d…

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