Argued and Submitted, March 3, 2015
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A092-536-869.
The panel granted Walter Quijada-Aguilar's petition for review of the Board of Immigration Appeals' denial of his applications for withholding of removal under the Immigration and Nationality Act and the Convention Against Torture (CAT), as well as deferral of removal under CAT.
The panel held that the BIA erred in finding that Quijada-Aguilar's conviction and eleven-year sentence for voluntary manslaughter under California Penal Code § 192(a) constituted a categorical crime of violence and particularly serious crime (PSC). The panel held that because a person may be convicted under § 192(a) for reckless conduct, the statute encompasses a broader range of criminal intent than the federal definition of a crime of violence in 18 U.S.C. § 16, which requires intentional use of force or substantial risk that force will be intentionally used. The panel held that Quijada-Aguilar was thus not ineligible for withholding of removal based on having been convicted of an aggravated felony PSC, and granted his petition on that ground.
The panel also granted and remanded for the BIA to evaluate Quijada-Aguilar's claim for deferral of removal under CAT by considering the aggregate risk of torture arising from Quijada-Aguilar's family affiliation together with the risk arising from his status as a criminal deportee.
Robert E. Dunn (argued), Frederick S. Chung, and Shawn Liu, Gibson, Dunn & Crutcher, LLP, Palo Alto, California, for Petitioner.
Kathryn Deangelis (argued), Lisa Morinelli, Anthony W. Norwood, Senior Litigation Counsel, and Stuart F. Delery, Acting Assistant Attorney General, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.
Before: Harry Pregerson, Ferdinand F. Fernandez, and Jacqueline H. Nguyen, Circuit Judges. Opinion by Judge Nguyen.
NGUYEN, Circuit Judge
Walter Quijada-Aguilar seeks review of the Board of Immigration Appeals' (" BIA" ) denial of his applications for withholding of removal under the Immigration and Nationality Act (" INA" ) and the Convention Against Torture (" CAT" ), as well as deferral of removal under CAT. We grant his ...