Sukhdarshan Singh, a.k.a. Darshan Singh v. ERIC H. HOLDER, Jr., Attorney General

09-71238Court of Appeals for the Ninth Circuit27 déc. 2010

Texte intégral

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUKHDARSHAN SINGH, a.k.a. Darshan
Singh,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71238
Agency No. A092-176-260
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Sukhdarshan Singh, a native and citizen of India, petitions for review of a
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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09-71238 2
novo questions of law, Banuelos-Ayon v. Holder, 611 F.3d 1080, 1082 (9th Cir.
2010), and we deny the petition for review.
We agree with the agency’s conclusion that Singh is removable as an
aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii) because his conviction for
violating Cal. Penal Code § 273.5(e) categorically constitutes a crime of violence
and Singh was sentenced to a term of imprisonment of at least one year. See
Banuelos-Ayon, 611 F.3d at 1086 (Cal. Penal Code § 273.5 is categorically a crime
of violence under 18 U.S.C. § 16(a)). Singh’s contention that Cal. Penal Code
§ 273.5 includes reckless and non-violent conduct outside the scope of the term
“crime of violence” is unpersuasive. See United States v. Laurico-Yeno, 590 F.3d
818, 822 & n.4 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.

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