Kozlov

MEMORANDUM **

Igor Mikhaylovie Kozlov, a Russian citizen and lawful permanent resident, was convicted of second-degree robbery in Washington. Kozlov was ordered removed based on this conviction. In opposing removal, Kozlov makes three arguments. We find each argument unavailing and deny Kozlov’s petition for review.

First, Kozlov challenges the BIA’s determination that he is deportable under INA § 237(a)(2)(A)®, 8 U.S.C. § 1227 (a)(2)(A)®, as an alien “convicted of a crime ... for which a sentence of one year or longer may be imposed.” He argues that the BIA should have determined whether “a sentence of one year or longer may be imposed” for his crime by looking the maximum sentence allowed in his case under Washington’s mandatory sentencing guidelines. This argument is foreclosed by clear circuit precedent. In determining the maximum penalty that may be imposed for a state crime under the categorical approach, we look to the state statutory maximum provided for that crime in general, not the applicable sentencing range in a particular case. See United, States v. Parry, 479 F.3d 722, 724-25 (9th Cir.2007); United States v. Murillo, 422 F.3d 1152, 1153 (9th Cir.2005); Rusz v.…