Dahilig

Dahilig v. Holder

Good Law
329 F. App'x 151
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 08-71547California204 words

Opinion

Lead Opinion

MEMORANDUM **

Eduardo Jr. Pagdilao Dahilig, a native and citizen of the Philippines, petitions pro *152 se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing de novo, Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126-27 (9th Cir.2007), we deny in part and dismiss in part the petition for review.

The BIA did not err in finding Dahilig removable as an aggravated felon under 8 U.S.C. § 1227 (a)(2)(A)(iii) because his conviction under California Penal Code § 211 for robbery categorically constitutes a crime, of violence under 8 U.S.C. § 1101 (a)(43)(F) and Dahilig was sentenced to a term of imprisonment of at least one year for his crime. See U.S. v. McDougherty, 920 F.2d 569, 573 (9th Cir.1990) (“[Rjobbery under California law is ... by definition a crime of violence.”).

We do not have authority to order that Dahilig be released from detention. See 8 U.S.C. § 1226 (e).

Dahilig’s remaining contentions are unpersuasive.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.