Castellanos-Sanchez

Castellanos-Sanchez v. Gonzales

Good Law
203 F. App'x 798
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 04-74333California460 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Israel Castellanos-Sanchez, a native and citizen of El Salvador, petitions for review of a removal order concluding that he is an aggravated felon. We review de novo, de Martinez v. Ashcroft, 374 F. 3d 759, 761 (9th Cir.2004).

To determine whether an offense satisfies the aggravated felony requirement of 8 U.S.C. § 1227 (a)(2)(A)(iii), we compare the offense and the definition of aggravated felony under federal law, beginning with a categorical approach. Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Under the categorical approach, an offense qualifies as an aggravated felony if the full range of conduct covered by the applicable criminal statute so qualifies. United States v. Corona-Sanchez, 291 F.3d 1201, 1203-04 (9th Cir.2002) (en banc). Under the “modified” categorical approach, an offense qualifies as an aggravated felony if the actual offense of which the petitioner was convicted so qualifies. Sareang Ye v. INS, 214 F.3d 1128, 1133 (9th Cir.2000).

As pertinent, an aggravated felony is “a crime of violence ... for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101 (a)(43)(F). The term of…

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