Lopez
Lopez v. Keisler
Opinion
Lead Opinion
MEMORANDUM ***
Ramon Navarro-Lopez, a native and citizen of Mexico, became a lawful permanent resident of the United States in 1990. On November 28, 2001, he pleaded guilty to a violation of Cal.Penal Code § 69, which provides that:
He was sentenced to the minimum term for a felony under Cal.Penal Code § 18.
On May 27, 2004, Navarro-Lopez was charged with removability under 8 U.S.C. § 1227 (a)(2)(A)(iii) as an aggravated felon. The original notice to appear does not specify which aggravated felony Navarro-Lopez was thought to have committed, citing only to 8 U.S.C. § 1101 (a)(43), which is the section listing all possible aggravated felonies. On June 15, 2004, the error was remedied when additional charges were lodged against Navarro-Lopez, specifying the aggravated felonies in question to be those defined in §§ 1101(a)(43)(F) and (a)(43)(S). Section 1101(a)(43)(F) provides that “a crime of violence” is an aggravated felony and § 1101(a)(43)(S) denominates as an aggravated felony “an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year.”