United States Ninth Circuit

Petition for review of the decision of the Board of Immigration Appeals finding petitioner statutorily ineligible for cancellation of removal and asylum based on his conviction for brandishing a firearm in the presence of the occupant of a motor vehicle under California Penal Code section 417.3, is dismissed, where: 1) Penal Code section 417.3 qualifies categorically as an aggravated felony crime of violence under 18 U.S.C. section 16(a), because it has as an element the threatened use of physical force against another person; and thus, 2) petitioner is an aggravated felon who is ineligible for cancellation of removal.

Appellate Information

• Decided 08/21/2013
• Published 08/21/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel