Fimbres Gonzalez v. Holder

MEMORANDUM **

Jesus Alfonso Fimbres Gonzalez (“Fim-bres”), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his application for asylum and ordering him removed to Mexico. The only issue before the court is whether the BIA erred in concluding that Fimbres had been convicted of an “aggravated felony” within the meaning of 8 U.S.C. § 1101 (a)(43), and is therefore barred from seeking asylum in the United States. See 8 U.S.C. § 1158 (b)(2)(A)(ii), (B)(i).

We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D). See Morales v. Gonzales, 478 F.3d 972, 980 (9th Cir.2007) (“The denial of asylum is reviewable because it is specifically exempted from [8 U.S.C.] § 1252(a)(2)(B)(ii)’s jurisdiction-stripping provisions.”).

Fimbres pleaded guilty to one count of violating 18 U.S.C. § 111 (a) (forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with a federal officer) and § 111(b) (using a dangerous or deadly weapon in the commission of a § 111(a) violation, or, committing a § 111(a) violation that results in bodily injury), and received a fourteen-month prison sentence. The BIA concluded…