Eduardo Diaz-Orozco v. Eric Holder, Jr.
Opinion
MEMORANDUM ***
Petitioner Eduardo Diaz-Orozco' (“petitioner”) seeks review of a final order from the Board of Immigration Appeals directing his removal to Mexico. See 8 U.S.C. § 1252(a). We deny the petition in part and dismiss it in part.
The Board correctly determined that petitioner’s conviction of attempted aggravated assault under Ariz.Rev.Stat. §§ 13-1203(A)(1), 13-1204(A)(2), & 13-1001, qualifies as an aggravated felony/crime of violence under 8 U.S.C. § 1101(a)(43)(F). Attempted aggravated assault under Arizona law covers only intentional conduct, United States v. Gomez-Hernandez, 680 F.3d 1171, 1176 (9th Cir. 2012), and this offense satisfies both prongs of 18 U.S.C. § 16. See United States v. Cabrera-Perez, 751 F.3d 1000, 1007 (9th Cir. 2014) (citing United States v. Ceron-Sanchez, 222 F.3d 1169, 1172-73 (9th Cir. 2000), overruled on other grounds, Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006)). We lack jurisdiction to consider petitioner’s argument that the Board relied on incorrect factual determinations in finding this offense a “particularly serious crime.” See Pechenkov v. Holder, 705 F.3d 444, 448 (9th Cir. 2012). Finally, petitioner fails to show that the record compels a finding in his favor on his claim under the Convention Against Torture. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (“Petitioners’ generalized evidence of violence and crime in Mexico is not particular to Petitioners and is insufficient to meet this standard.”).
PETITION DENIED IN PART AND DISMISSED IN PART.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Eduardo DIAZ-OROZCO Et Al, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished