Galvan-hernandez v. Holder

• Decision Date: 19 January 2011
• Docket Number: No. 10-70118,Agency No. A090-528-740,10-70118
• Parties: IGNACIO GALVAN-HERNANDEZ, AKA Ignacio Galvan, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
• Court: U.S. Court of Appeals — Ninth Circuit

IGNACIO GALVAN-HERNANDEZ, AKA Ignacio Galvan, Petitioner,

v.ERIC H. HOLDER, Jr., Attorney General, Respondent.

No. 10-70118

Agency No. A090-528-740

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Argued and Submitted January 10, 2011

Filed: January 19, 2011

NOT FOR PUBLICATION

MEMORANDUM^*

On Petition for Review of an Order of the Board of Immigration Appeals

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

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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.

*. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.