Reyes-Vara v. Holder , 353 F. App'x 813 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1574
EDGAR JAVIER REYES-VARA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: November 19, 2009 Decided: December 2, 2009
Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Edgar Javier Reyes-Vara, Petitioner Pro Se. Daniel Eric
Goldman, Senior Litigation Counsel, Tyrone Sojourner, Matthew
Allan Spurlock, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edgar Javier Reyes-Vara, a native and citizen of
Mexico, petitions for review of an order of the Board of
Immigration Appeals (“Board”) dismissing his appeal from the
Immigration Judge’s decision, which found him removable as an
alien convicted of a crime of violence that qualified as an
aggravated felony and ordered him removed to Mexico.
Before this court, Reyes-Vara contends the Board erred
in finding that he was convicted of an aggravated felony. Based
on our review of the record, we agree that the 2007 conviction
under Virginia law for assault and battery against a family
member, third offense, amounted to a “crime of violence” and was
therefore an aggravated felony. See 8 U.S.C. § 1101(a)(43)(F)
(2006); 18 U.S.C. § 16(a) (2006). Thus, the Board properly
upheld the charge of removability on this ground. See 8 U.S.C.
§ 1227(a)(2)(A)(iii) (2006); In re: Reyes-Vara (B.I.A. Apr. 29,
2009).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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