Legal Opinion
Javier Arellano Hernandez v. Loretta E. Lynch
Court of Appeals for the Ninth Circuit
Decided August 1, 2016No. 11-72286PublishedCited by 41 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
Javier Arellano Hernandez’s conviction for attempted criminal threats, pursuant to California Penal Code sections 422 and 664, constitutes an aggravated felony for which he is removable. See 8 U.S.C. § 1101(a)(43)(F), First, attempted criminal threats is categorically a crime of violence as defined under 18 U.S.C. § 16(a). Second, the California superior court designated the conviction as a felony and imposed a sentence of “at least one year.”
I
In 1967, Arellano Hernandez entered the United States with his parents as a legal permanent resident. In March 2009,…
2Cases cited27 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Johnson v. United StatesSupreme Court of the United States · 2010
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Ewing v. CaliforniaSupreme Court of the United States · 2003
- Selamawit Zehatye v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
22 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Monico DominguezCourt of Appeals for the Ninth Circuit · 2020
- In re: James Allen Irby, III v.Court of Appeals for the Fourth Circuit · 2017
- United States v. James WellsCourt of Appeals for the Ninth Circuit · 2017
- United States v. OntiverosCourt of Appeals for the Tenth Circuit · 2017
- United States v. Randly BegayCourt of Appeals for the Ninth Circuit · 2019
36 more not listed; retrieve them via the Exa API.