FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT SUKHDARSHAN SINGH, a.k.a. Darshan No. 09-71238 Singh,

Agency No. A092-176-260

Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Sukhdarshan Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de

*

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). novo questions of law, Banuelos-Ayon v. Holder, 611 F.3d 1080, 1082 (9th Cir. 2010), and we deny the petition for review.

We agree with the agency’s conclusion that Singh is removable as an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii) because his conviction for violating Cal. Penal Code § 273.5(e) categorically constitutes a crime of violence and Singh was sentenced to a term of imprisonment of at least one year. See Banuelos-Ayon, 611 F.3d at 1086 (Cal. Penal Code § 273.5 is categorically a crime of violence under 18 U.S.C. § 16(a)). Singh’s contention that Cal. Penal Code § 273.5 includes reckless and non-violent conduct outside the scope of the term “crime of violence” is unpersuasive. See United States v. Laurico-Yeno, 590 F.3d 818, 822 & n.4 (9th Cir. 2010).

PETITION FOR REVIEW DENIED.

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