Ortiz-Magana v. Mukasey

TALLMAN, Circuit Judge:

Assault with a deadly weapon under California Penal Code § 245(a)(1) is a crime of violence as defined by 18 U.S.C. § 16; therefore, an alien convicted of that offense generally is an “aggravated felon” for immigration purposes. We must decide as a matter of first impression whether an alien is also an “aggravated felon” when he is convicted under section 245(a)(1) as an aider and abettor instead of as a principal. The Board of Immigration Appeals (BIA) ruled that no principled distinction can be drawn for immigration pur poses between an alien’s status as an accessory…