Armijo

Armijo v. Mukasey

Good Law
266 F. App'x 511
United States Court of Appeals for the Ninth CircuitJanuary 4, 2008No. 05-73436California1,289 words

Opinion

lead Opinion

MEMORANDUM *

Dario Fidel Armijo petitions for review of a Board of Immigration Appeals (“BIA”) order finding him deportable as an aggravated felon on the basis of his 1999 California conviction for possession of child pornography. We have jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252 . For the reasons that follow, we deny the petition.

Armijo was charged with being removable under section 237 of the Immigration and Naturalization Act (“INA”), codified at 8 U.S.C. § 1227 , which provides that “[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. § 1227 (a)(2)(A)(iii). For the purposes of § 237, “an aggravated felony” is defined to include “an offense described in section 2251, 2251A, or 2252 of Title 18 (relating to child pornography).” 8 U.S.C. § 1101 (a)(43)(I) (INA section 101(a)(43)(I)). Armijo does not dispute that, on March 9, 1999, he pled nolo contendere to possession of child pornography in violation of California Penal Code (“CPC”) section 311.11(a). The BIA found that a conviction under CPC section 311.11(a) was an aggravated felony for the purposes of INA § 237 because it is “described…

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