Kwan Su Yi v. Holder

*186 MEMORANDUM **

Petitioner Kwan Su Yi (“Yi”), a native and citizen of South Korea, petitions for review of the Board of Immigration Appeals’ (“BIA”) order holding him removable pursuant to 8 U.S.C. § 1227 (a)(2)(E)(i) based on his 2003 conviction under Anchorage Municipal Code (“AMC”) § 8.10.010(B)(1) for domestic violence assault. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review.

Yi’s conviction under AMC § 8.10.010(B)(1) does not support his removal pursuant to section 1227(a) (2) (E) (i). To be removable under section 1227(a)(2)(E)(i), a conviction must qualify as (1) a “crime of violence” as defined under federal law (2) committed “against a person who has one of several enumerated domestic relationships with the perpetrator.” Fer nandez-Ruiz v. Gonzales, 466 F.3d 1121, 1124-25 (9th Cir.2006) (en banc) (citing 8 U.S.C. § 1227 (a)(2)(E)(i)) (internal quotation marks omitted). We determine whether a conviction is grounds for removal by applying the categorical and modified categorical approaches. Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1017 (9th Cir.2005).

Under the categorical approach, Yi’s conviction does not support the charge…