Da Silva v. Gonzales

MEMORANDUM **

Regina Maria Garcia Da Silva (“Da Silva”) petitions for review 1 of an order of the Board of Immigration Appeals affirming a decision by the Immigration Judge ordering Da Silva removed. On June 27, 1996, Da Silva was convicted of attempted voluntary manslaughter in violation of California Penal Code §§ 192(a) and 664, and attempting to dissuade/dissuading a witness, in violation of California Penal Code § 136.1(c)(2). Da Silva received consecutive sentences of three years’ incarceration for each conviction and actually served more than five years in prison. 2 Accordingly, when the former Immigration and Naturalization Service initiated removal *670 proceedings against Da Silva in 2001, Da Silva was ineligible for relief under the former § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c). See 8 U.S.C. § 1101 (a)(43) (1996); see also Alvarez-Barajas v. Gonzales, 418 F.3d 1050 , 1054 (9th Cir.2005) (applying definition of aggravated felony in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) to conviction dated May 27, 1996); Cordes v. Gonzales, 421 F.3d 889 , 894-95 (9th Cir.2005) (applying definition of aggravated…