United States Ninth Circuit

In the context of immigration law and eligibility for cancellation of removal, battery under California Penal Code section 242 is not categorically a "crime of violence" within the meaning of 18 U.S.C. section 16.

Appellate Information

• Argued 04/06/2006
• Decided 06/15/2006
• Published 06/15/2006

Judges

• BERZON, Circuit Judge:, Before: THOMPSON, BERZON, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James F. Smith, Davis, California, and Christopher J. Todd, Mill Valley, CA, for the petitioner.


• For Appellees:
  
• Alison R. Drucker and Margaret J. Perry, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.