Hector Ramirez v. Loretta E. Lynch

OPINION

PAEZ, Circuit Judge:

Hector Giovanni Ramirez petitions for review of the Board of Immigration Ap- peak’s (“BIA”) decision that his conviction under California Penal Code section 273a(a) for felony child abuse constitutes a crime of violence under 18 U.S.C. § 16(a) and (b) and therefore qualifies as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). We conclude that section 273a(a) is not a categorical crime of violence and is not divisible. We thus agree with Ramirez that his conviction does not constitute an aggravated felony, and grant the petition and remand.

I

A

Ramirez is a native…