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Martinez-Sanchez v. I.N.S.

United States Court of Appeals, Ninth Circuit
Nov 8, 2001
22 F. App'x 755 (9th Cir. 2001)

Opinion


22 Fed.Appx. 755 (9th Cir. 2001) Alfredo MARTINEZ-SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-71638. I & NS No. A34-983-074. United States Court of Appeals, Ninth Circuit. November 8, 2001

Submitted April 13, 2001 .

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien petitioned for review of order of Board of Immigration Appeals (BIA) finding him removable as an aggravated felon based on his guilty plea to offense of driving under the influence of alcohol and proximately causing bodily injury to another person in violation of the California Vehicle Code. The Court of Appeals held that such offense was not a "crime of violence" and, therefore, did not qualify as an aggravated felony.

Petition granted.

Page 756.

Petition for Review of an Order of the Board of Immigration Appeals.

Before SCHROEDER, Chief Judge, D.W. NELSON, and RAWLINSON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.

Alfredo Martinez-Sanchez petitions for review of an order of the Board of Immigration Appeals finding him removable as an aggravated felon under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). Petitioner pled guilty on May 20, 1984, to driving under the influence of alcohol and proximately causing bodily injury to another person, in violation of California Vehicle Code § 23153(a). In United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir.2001), this court held that a violation of § 23153 is not a "crime of violence" as defined in 18 U.S.C. § 16. Therefore, we find that petitioner's conviction does not qualify as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F).

PETITION GRANTED.


Summaries of

Martinez-Sanchez v. I.N.S.

United States Court of Appeals, Ninth Circuit
Nov 8, 2001
22 F. App'x 755 (9th Cir. 2001)
Case details for

Martinez-Sanchez v. I.N.S.

Case Details

Full title:Alfredo MARTINEZ-SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 8, 2001

Citations

22 F. App'x 755 (9th Cir. 2001)