U.S. Court of Appeals for the Ninth Circuit, 2008

Vazquez-Zamora v. Mukasey

U.S. Court of Appeals for the Ninth Circuit · Decided February 20, 2008 · McKeown, Silverman, Tallman

267 F. App'x 601

Counsel

Michael K. Mehr, Esq., Santa Cruz, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, Douglas E. Ginsburg, Esq., DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

The IJ correctly determined that Francisco Vazquez-Zamora was convicted of an aggravated felony and we therefore lack jurisdiction to review his claim that he is eligible for discretionary cancellation of removal under 8 U.S.C. § 1229b(b)(l). The record reflects that Vazquez-Zamora was convicted of assault with a deadly weapon and with force likely to cause great bodily harm contrary to California Penal Code § 245(a)(1) following his nolo contendere plea. The criminal complaint alleged that he “did willfully and unlawfully commit an assault [ ], with a deadly weapon, to wit, hands, fists, and by means of force likely to produce great bodily injury.” As a result of his plea, Vazquez-Zamora received a sentencing enhancement for the “infliction of great bodily injury.” See CaLPenal Code § 12022.7(a). Because we have held that assault with a deadly weapon is a crime of violence, see Ocampo-Duran v. Ashcroft, 254 F.3d 1133, 1134-35 (9th Cir. 2001), and the sentencing enhancement applies only to principals, not those who aid and abet, see CalJPenal Code § 12022.7(a), Vazquez-Zamora was convicted of an aggravated felony.

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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