United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' (BIA) decision that his conviction for attempted arson in violation of California Penal Code (CPC) section 455 constituted an aggravated felony as an offense described in the federal explosive materials statute 18 U.S.C. section 844(f), (i), is denied, where: 1) CPC section 455 is divisible, and petitioner's conviction is an aggravated felony under the modified categorical approach; and 2) the additional federal element found in section 844 but not in CPC section 455 is a purely jurisdictional element which must be disregarded in determining whether the state law qualifies as an aggravated felony under federal law.

Appellate Information

• Decided 09/22/2014
• Published 09/22/2014

Judges

• England

Court

• United States Ninth Circuit

Counsel