Bravo-Bautista v. Holder
Bravo-Bautista v. Holder
Opinion of the Court
MEMORANDUM
Carlos Bravo-Bautista, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order sum
Bravo-Bautista’s contention that his offense did not constitute an aggravated felony because the execution of his sentence was suspended is unpersuasive. For immigration purposes, the “term of imprisonment” is deemed to include the period of incarceration or confinement ordered by the convicting court regardless of any suspension of the sentence’s execution. 8 U.S.C. § 1101(a)(48)(B).
Bravo-Bautista’s contention that his conviction was converted to a misdemean- or by operation of CaLPenal Code § 17(b)(1) also fails. Bravo-Bautista’s incarceration in the county jail was a condition of probation and did not constitute imposition of sentence to the county jail. See United States v. Robinson, 967 F.2d 287, 293 (9th Cir. 1992).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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