Saturnino Sandoval v. Eric H. Holder Jr. , 383 F. App'x 605 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 10 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SATURNINO SANDOVAL, No. 08-74646
Petitioner, Agency No. A090-817-774
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Saturnino Sandoval, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision finding him removable. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review de novo questions of law, Delgado-Hernandez v.
Holder, 582 F.3d 930, 932 (9th Cir. 2009) (per curiam), and we deny the petition
for review.
The agency properly determined that Sandoval is removable as an
aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii) because his conviction under
California Penal Code § 207(a) for kidnapping is a crime of violence as defined by
8 U.S.C. § 1101(a)(43)(F). See id. at 933 (kidnapping is categorically a crime of
violence under 18 U.S.C. § 16(b) because “all kidnapping cases carry a substantial
risk that force will be used”).
PETITION FOR REVIEW DENIED.
2 08-74646