Cesar Marroquin-Ibarra v. Eric Holder, Jr. , 560 F. App'x 681 ( 2014 )

FILED
NOT FOR PUBLICATION MAR 05 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR MARROQUIN-IBARRA, No. 10-72178
Petitioner, Agency No. A092-248-316
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 3, 2014**
Pasadena, California
Before: KOZINSKI, Chief Judge, GRABER, Circuit Judge, and
ZOUHARY, 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 Jack Zouhary, District Judge for the U.S. District
Court for the Northern District of Ohio, sitting by designation.
page 2
1. The Board of Immigration Appeals (BIA) didn’t err in examining the
criminal complaint and the abstract of judgment to determine that Marroquin-
Ibarra had been convicted of elder abuse with a dangerous weapon. See 8 U.S.C.
§ 1229a(c)(3)(B); Taylor v. United States, 495 U.S. 575, 602 (1990); see also Cal.
Penal Code §§ 368(b)(1), 12022(b)(1). Marroquin-Ibarra’s claim that he didn’t use
a dangerous weapon is an impermissible collateral attack on his state court
conviction. See Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1041 (9th Cir.
2011).
2. The BIA didn’t err in adopting the immigration judge’s determination
that elder abuse with a dangerous weapon is a crime of violence because the crime
presents a “substantial risk that physical force . . . may be used” against another
person. 18 U.S.C. § 16(b); see also 8 U.S.C. § 1101(a)(43)(F). Marroquin-Ibarra’s
argument that he lacked intent is belied by the fact that a conviction for elder abuse
requires a finding that the defendant “willfully cause[d] or permit[ted] any elder . .
. to suffer.” Cal. Penal Code § 368(b)(1).
DENIED.