Lopez-Cardona v. Holder (9th Cir. 11/18/2011) The Ninth Circuit decided that residential burglary, specifically a violation of California Penal Code § 459, constitutes a crime of violence. Thus, a person convicted under this Penal Code section would become ineligible for relief under withholding of removal pursuant to 8 U.S.C. § 1231(b)(3). The court determined that […]
Posts Tagged ‘crime of violence’
Crime of Violence Watch
November 23rd, 2011 
Max Nuyen 
Posted in Deportation and Detention 
Tags: crime of violence, immigration consequences of burglary, Lopez-Cardona v. Holder, withholding of removal 
Comments Off on Crime of Violence WatchAttempted Kidnapping Deemed to be Aggravated Felony for Purposes of Removability
September 28th, 2009 Max Nuyen Delgado-Hernandez v. Holder (9th Cir.) In the 9th Circuit, attempted kidnapping in violation of California Penal Code § 207(a) is now officially a removable offense because the crime carries with it the threat of physical force being used against the victim. Attempted kidnapping meets the definition of aggravated felony under 18 U.S.C. § 16(b) because […]