Edgar Daniel Rosales v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR DANIEL ROSALES,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-71285
Agency No. A072-518-615
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Edgar Daniel Rosales, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s removal order. We have jurisdiction pursuant to
FILED
DEC 08 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IH/Research 08-71285 2
8 U.S.C. § 1252. We review de novo, Sandoval-Lua v. Gonzales, 499 F.3d 1121,
1126-27 (9th Cir. 2007), and we deny the petition for review.
We agree with the BIA’s conclusion that Rosales is removable under 8
U.S.C. § 1227(a)(2)(A)(iii) as an aggravated felon under because his conviction
under California Penal Code § 245(a)(1) categorically constitutes a crime of
violence and he was sentenced to a term of imprisonment of at least one year for
his crime. See United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir. 2009)
(per curium) (Cal. Penal Code § 245 contains the requisite mens rea to qualify as a
crime of violence under 18 U.S.C. § 16).
Rosales’ remaining contentions lack merit.
PETITION FOR REVIEW DENIED.

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