Chan Woo Song v. Gonzales

MEMORANDUM **

Petitioner Chan Woo “Jack” Song, a native and citizen of South Korea, petitions for review of a Board of Immigration Appeals (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision finding him removable and ineligible for relief. The IJ found Song removable based on a state conviction for third degree assault on his wife in violation of Haw.Rev.Stat. § 707-712(l)(a), concluding that the offense categorically fell within the definition of a crime of domestic violence. The IJ also denied Song’s applications for cancellation of removal and voluntary departure.

The BIA affirmed without opinion, pursuant to 8 C.F.R. § 1003.1 (e)(4). Thus, “the IJ’s decision becomes the BIA’s decision and we evaluate the IJ’s decision as we would that of the Board.” Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004) (internal quotation marks omitted).

Since this appeal was filed, an en banc panel of our court issued its decision in Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir.2006) (en banc). We held in Femandez-Ruiz that crimes involving the reckless use of force are not categorically crimes of violence within the meaning of 18 U.S.C. § 16 (a) or, by extension, crimes of…