Ignacio Galvan-Hernandez v. Eric Holder, Jr. , 411 F. App'x 52 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
IGNACIO GALVAN-HERNANDEZ, No. 10-70118
AKA Ignacio Galvan,
Agency No. A090-528-740
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted January 10, 2011
San Francisco, California
Before: HUG, SCHROEDER, and RAWLINSON, Circuit Judges.
Galvan-Hernandez petitions for review of the Board of Immigration
Appeals’ decision finding him removable because his conviction for attempted
kidnapping, pursuant to Ariz. Rev. Stat. §§ 13-1001 and 13-1304, qualifies as a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
crime of violence, and hence, an aggravated felony, as defined in 8 U.S.C. §
1101(a)(43)(F), (U).
“We review de novo whether a criminal conviction is a crime of violence
and therefore an aggravated felony rendering an alien removable.” Covarrubias
Teposte v. Holder, 623 F.3d 1094, 1096 (9th Cir. 2010) (citation omitted). The
Board of Immigration Appeals properly determined that attempted kidnapping
under the Arizona statutes is categorically a crime of violence under 18 U.S.C §
16(b) because it involves a substantial risk that physical force may be used in the
course of committing the offense. See United States v. Williams, 110 F.3d 50, 52
(9th Cir. 1997) (holding that kidnapping “involves a serious potential risk of
physical injury to the kidnapped person.”) (citing cases) (alteration and internal
quotation marks omitted).
Once a determination is made that an alien was convicted of an aggravated
felony, we lack jurisdiction to conduct any further review of the Board of
Immigration Appeals’ decision. See Arteaga v. Mukasey, 511 F.3d 940, 946 (9th
Cir. 2007).
PETITION DISMISSED.
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