FILED
NOT FOR PUBLICATION AUG 12 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
IQBAL SINGH, No. 09-72231
Petitioner, Agency No. A043-151-008
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2010 **
Pasadena, California
Before: KOZINSKI, Chief Judge, REINHARDT, Circuit Judge and
WHYTE, District Judge.***
*
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).
***
The Honorable Ronald M. Whyte, Senior United States District Judge
for the Northern District of California, sitting by designation.
page 2
The BIA did not err in finding Singh removable because his robbery
conviction under California Penal Code § 212.5(c) is a categorical crime of
violence under 8 U.S.C. § 1101(a)(43)(F). See Nieves-Medrano v. Holder, 590
F.3d 1057, 1057–58 (9th Cir. 2010).
Singh’s removal to India moots his claim that he is entitled to protection
from removal under the Convention Against Torture. See Hose v. INS, 180 F.3d
992, 996 (9th Cir. 1999) (en banc).
Even assuming that Singh’s due process rights were violated when
immigration officials failed to transport him to his state post-conviction relief
hearing, he has failed to show that the violation “potentially . . . affect[ed] the
outcome of the proceedings.” Reyes-Melendez v. INS, 342 F.3d 1001, 1007 (9th
Cir. 2003) (alteration and omission in original) (internal quotation marks omitted).
PETITION DENIED.