Agni

Agni v. Holder

Good Law
350 F. App'x 131
United States Court of Appeals for the Ninth CircuitOctober 28, 2009No. 07-73387California574 words

Opinion

Lead Opinion

MEMORANDUM **

Kamal Agni, a native and citizen of Morocco, petitions for review of the Board of Immigration Appeals’ (“BIA”) determination that he is removable pursuant to 8 U.S.C. § 1227 (a)(2)(E)® and (E)(ii). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Agni’s conviction under section 9A.36.041 of the Revised Code of Washington for fourth degree domestic violence *133 assault does not make him removable under § 1227(a)(2)(E)(i) because the record of conviction does not establish that Agni admitted to using the requisite amount of force to satisfy the federal definition of “a crime of violence.” See Fernandez-Ruiz v. Gonzales, 466 F.3d 1121, 1124-25 (9th Cir.2006) (en banc) (explaining that under § 1227(a)(2)(E)(i), the conviction must be a federal “crime of violence” that is committed against a person in a domestic relationship with the defendant); Suazo Perez v. Mukasey, 512 F.3d 1222, 1226-27 (9th Cir.2008) (holding that section 9A.36.041 is not categorically a “crime of violence,” and that the modified categorical approach requires the record to show that the defendant admitted to facts satisfying the federal definition).

However, Agni is…

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