Narrative Opinion Summary
The case involves a legal permanent resident, Arellano Hernandez, whose petition for review was denied by the Ninth Circuit. The court affirmed the Board of Immigration Appeals' (BIA) decision that his conviction for attempted criminal threats under California Penal Code sections 422 and 664 is a crime of violence and an aggravated felony. Consequently, Arellano Hernandez was found ineligible for cancellation of removal. He faced removal proceedings initiated by the Department of Homeland Security due to his criminal convictions, including a prior drug paraphernalia offense. Although he conceded removability based on the drug charge, he contested the aggravated felony classification of his criminal threats conviction. The superior court had sentenced him to 365 days in jail, satisfying the criteria for an aggravated felony under federal immigration law. The court's decision was based on established precedent that a crime of violence involves the use or threatened use of physical force. The BIA upheld the Immigration Judge's findings, conducting a de novo review of legal questions but relying on factual determinations. The Ninth Circuit reaffirmed these findings, concluding that Arellano Hernandez's conviction was categorically a crime of violence and affirming his ineligibility for cancellation of removal.
Legal Issues Addressed
Aggravated Felony Determination under Immigration Lawsubscribe to see similar legal issues
Application: The court affirmed that the conviction is an aggravated felony due to the sentence of 365 days, which satisfies the criteria under 8 U.S.C. 1101(a)(43)(F).
Reasoning: The court further noted that the California superior court designated his conviction as a felony and sentenced him to 365 days in jail, satisfying the criteria for an aggravated felony under 8 U.S.C. 1101(a)(43)(F).
Application of California's 'Wobbler' Statutesubscribe to see similar legal issues
Application: The superior court's decision not to reduce Arellano Hernandez's conviction to a misdemeanor meant it remained a felony, impacting his eligibility for cancellation of removal.
Reasoning: Arellano Hernandez was convicted of violating California Penal Code section 422, categorized as a 'wobbler,' meaning it can be treated as either a felony or misdemeanor.
Classification of Conviction as a Crime of Violencesubscribe to see similar legal issues
Application: The court determined that a conviction under California Penal Code sections 422 and 664 is categorically a crime of violence, as it involves the threatened use of physical force.
Reasoning: The court determined that his conviction under California Penal Code sections 422 and 664 is categorically a crime of violence as defined under federal law.
Interpretation of a 'Year' for Aggravated Felony Classificationsubscribe to see similar legal issues
Application: The court maintained that the 365-day sentence qualified as a year of imprisonment, thus constituting an aggravated felony.
Reasoning: Furthermore, a crime of violence is classified as an aggravated felony if the imprisonment term is at least one year.
Judicial Review of Immigration Judge's Findingssubscribe to see similar legal issues
Application: The Board of Immigration Appeals conducted a de novo review of legal questions while relying on the Immigration Judge's factual determinations.
Reasoning: The BIA conducted a de novo review of legal questions but relied on the IJ's findings for factual determinations.