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Carrillo v. Holder

United States Court of Appeals, Ninth Circuit

March 31, 2015

JOSE LUIS MARQUEZ CARRILLO, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General, Respondent.

Submitted, Pasadena, California: March 3, 2015.[*]

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A031-285-059.

Immigration

The panel denied Jose Luis Marquez Carrillo's petition for review from the Board of Immigration Appeals' order removing him due to his conviction for a crime of domestic violence.

The panel held that the BIA correctly found that a conviction for violating California Penal Code § 273.5(a) constitutes a categorical crime of domestic violence within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i).

Jaime Jasso, Law Offices of Jaime Jasso, Westlake Village, California, for Petitioner.

Stuart F. Delery, Principal Deputy Assistant Attorney General, Civil Divison, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, Kathryn L. DeAngelis, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: Harry Pregerson, Ferdinand F. Fernandez, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

Page 1156

FERNANDEZ, Circuit Judge:

Jose Luis Marquez Carrillo, a citizen of Mexico, petitions for review of the Board of Immigration Appeals' (BIA) order removing him due to his conviction for a crime of domestic violence. See 8 U.S.C. § 1227(a)(2)(E)(i); [1] Cal. Penal Code § 273.5(a) (2002).[2] We deny the petition.

BACKGROUND

Marquez is a forty-nine-year-old native and citizen of Mexico, who entered the United States as a lawful permanent resident on or about July 20, 1971.

Marquez was arrested in January 2005 for domestic violence and turned over to the Department of Homeland Security (DHS). DHS served him with a Notice to Appear, which charged him with removability as an alien who had been convicted of a crime of domestic violence. The notice alleged that his 2002 conviction under § 273.5 rendered him removable pursuant to § 1227(a)(2)(E)(i). On February 23, 2005, Marquez appeared before an Immigration Judge (IJ) who found him removable as charged due to the § 273.5 conviction. At that time, Marquez said his criminal record ...


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