Juan Dominguez-Manzo v. Eric Holder, Jr.

Good Law
524 F. App'x 380
United States Court of Appeals for the Ninth CircuitMay 20, 201312-71267California643 words

Opinion

Opinion

MEMORANDUM

Juan Pablo Dominguez-Manzo, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his ap peal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual determinations. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA correctly determined that Dominguez-Manzo is removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) because his conviction under California Penal Code § 422, which resulted in a prison sentence of two years and four months, categorically constitutes an aggravated-felony crime of violence. See 8 U.S.C. § 1101 (a)(43)(F) (“The term ‘aggravated felony’ means ... a crime of violence ... for which the term of imprisonment [is] at least one year”); Rosales-Rosales v. Ashcroft, 347 F.3d 714, 717 (9th Cir.2003) (“[California Penal Code] § 422 meets the definition of a ‘crime of…

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