U.S. Court of Appeals for the Ninth Circuit, 2009

Dahilig v. Holder

Dahilig v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 22, 2009 · Schroeder, Thomas, Wardlaw
329 F. App'x 151

Dahilig v. Holder

Opinion of the Court

MEMORANDUM **

Eduardo Jr. Pagdilao Dahilig, a native and citizen of the Philippines, petitions pro *152se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing de novo, Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126-27 (9th Cir. 2007), we deny in part and dismiss in part the petition for review.

The BIA did not err in finding Dahilig removable as an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii) because his conviction under California Penal Code § 211 for robbery categorically constitutes a crime, of violence under 8 U.S.C. § 1101(a)(43)(F) and Dahilig was sentenced to a term of imprisonment of at least one year for his crime. See U.S. v. McDougherty, 920 F.2d 569, 573 (9th Cir. 1990) (“[Rjobbery under California law is ... by definition a crime of violence.”).

We do not have authority to order that Dahilig be released from detention. See 8 U.S.C. § 1226(e).

Dahilig’s remaining contentions are unpersuasive.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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

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