Raul Cuyun-Rosales v. Eric Holder, Jr.

MEMORANDUM

Raul U. Cuyun-Rosales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Delgado-Hernandez v. Holder, 697 F.3d 1125, 1126 (9th Cir.2012) (per curiam). We dismiss the petition for review.

We lack jurisdiction to review the agency’s removal order because Cuyun-Ro-sales’s conviction for kidnapping under California Penal Code § 207(a) categorically constitutes an aggravated-felony crime of violence under 8 U.S.C. § 1101 (a)(43)(F) that renders him removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). See 8 U.S.C. § 1252 (a)(2)(C) (eliminating jurisdiction to review removal orders predicated on convictions for aggravated felonies); see also Delgado-Hernandez, 697 F.3d at 1133 (“[A]n ordinary kidnapping under [California Penal Code] § 207(a) is a crime of violence because it results in a substantial risk of force.”).

Cuyun-Rosales contends that his offense does not categorically constitute a crime of violence because the statute of conviction is both overbroad and missing an element…