United States Ninth Circuit

A petition for review from the Board of Immigration Appeals' (BIA) decision finding petitioner removable is denied, where: 1) petitioner's conviction for lewd and lascivious acts upon a child under California Penal Code section 288(c)(1) is a categorical crime of violence and therefore an aggravated felony under 8 U.S.C. section 1101(a)(43)(F); and 2) a violation of CPC section 288(c)(1), in the ordinary case, poses a substantial risk of the use of physical force under 18 U.S.C. section 16(b).

Appellate Information

• Decided 10/22/2013
• Published 10/22/2013

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel