Izumi Shibata v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IZUMI SHIBATA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-72157
Agency No. A043-275-647
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 2, 2015
Pasadena, California
Before: SCHROEDER, PREGERSON, and FRIEDLAND, Circuit Judges.
Petitioner Izumi Shibata is a native and citizen of Japan and legal permanent
resident of the United States. Shibata petitions for review of the Board of
Immigration Appeals’ (“BIA”) order denying his application for cancellation of
removal.
FILED
NOV 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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The BIA held him removable as a person convicted of an “aggravated
felony” pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii). The definition of “aggravated
felony” includes “a crime of violence . . . for which the term of imprisonment [is]
at least one year.” 8 U.S.C. § 1101(a)(43)(F).
Shibata entered a nolo contendere plea to the charge of assault with a deadly
weapon, in violation of California Penal Code § 245(a)(1). The charge arose out of
an attempted carjacking in which Shibata struck the driver with nunchucks.
We have expressly held that assault with a deadly weapon in violation of
California Penal Code § 245(a)(1) is categorically a crime of violence as defined
by 18 U.S.C. § 16(a). United States v. Grajeda, 581 F.3d 1186, 1196–97 (9th Cir.
2009); see also United States v. Jimenez-Arzate, 781 F.3d 1062, 1063 (9th Cir.
2015) (reaffirming Grajeda). Shibata’s four-year prison sentence also satisfied the
requirement for a term of imprisonment for at least one year. Therefore, the BIA
properly determined that Shibata was removable as charged under 8 U.S.C.
§ 1227(a)(2)(A)(iii), and ineligible for cancellation of removal because of his
assault conviction.
The petition for review is DENIED.
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