FILED
NOT FOR PUBLICATION DEC 08 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDGAR DANIEL ROSALES, No. 08-71285
Petitioner, Agency No. A072-518-615
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Edgar Daniel Rosales, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s removal order. We have jurisdiction pursuant to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
8 U.S.C. § 1252. We review de novo, Sandoval-Lua v. Gonzales, 499 F.3d 1121,
1126-27 (9th Cir. 2007), and we deny the petition for review.
We agree with the BIA’s conclusion that Rosales is removable under 8
U.S.C. § 1227(a)(2)(A)(iii) as an aggravated felon under because his conviction
under California Penal Code § 245(a)(1) categorically constitutes a crime of
violence and he was sentenced to a term of imprisonment of at least one year for
his crime. See United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir. 2009)
(per curium) (Cal. Penal Code § 245 contains the requisite mens rea to qualify as a
crime of violence under 18 U.S.C. § 16).
Rosales’ remaining contentions lack merit.
PETITION FOR REVIEW DENIED.
IH/Research 2 08-71285