Alvarado

MEMORANDUM *

Jenssen Steve Alvarado petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) decision finding him removable under both Immigration and Naturalization Act (INA) section 237(a)(2)(C), 8 U.S.C. § 1227 (a)(2)(C), based on his firearm conviction, and INA section 237(a)(2)(E)®, 8 U.S.C. § 1227 (a)(2)(E)®, based on his domestic battery conviction. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Alvarado is not removable under INA section 237(a)(2)(C) based on his conviction for unlawful possession of a firearm with a prior conviction in violation of California Penal Code section 12021(c)(1). His firearm conviction does not qualify as a basis for removal under the categorical *889 approach as laid out in Taylor v. United States, 495 U.S. 575, 600 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), because INA section 237(a)(2)(C) excludes antique firearms while the broader California statute does not. Compare 18 U.S.C. § 921 (a)(3) (defining “firearm” as excluding antique firearms) with Cal.Penal Code § 12001(b) (not excluding antique firearms from definition of “firearm”). Alvarado’s…