United States Ninth Circuit

The district court's denial of defendant's motion to dismiss an indictment charging attempted entry after deportation is affirmed, where: 1) the district court did not err in applying the modified categorical approach to conclude that defendant's conviction for aggravated assault under Arizona law constitutes a "crime of violence" under the Immigration and Nationality Act; 2) as a result, defendant was not eligible for voluntary departure at the time of his immigration hearing; and 3) defendant therefore suffered no prejudice from the immigration judge's alleged failure to advise him of his potential eligibility for voluntary departure.

Appellate Information

• Decided 05/09/2014
• Published 05/09/2014

Judges

• BEA

Court

• United States Ninth Circuit

Counsel