United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals' decision finding him removable and ineligible for cancellation of removal because his conviction for attempted criminal threats constitutes a crime of violence and aggravated felony, the petition is denied where: 1) petitioner's conviction for criminal threats under California Penal Code section 422 is a categorical crime of violence, and that the section 664 'attempt' portion did not alter the crime of violence determination; and 2) petitioner's section 422 conviction, which is a wobbler offense punishable under California law as a felony or misdemeanor, is an aggravated felony because the superior court designated it a felony and sentenced him to 365 days in jail.

Appellate Information

• Published 2016/08/01

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel