Legal Opinion

Delgado-Hernandez v. Holder

Court of Appeals for the Ninth Circuit

Decided October 9, 2012No. 08-70789PublishedCited by 24 opinions

1Opinion of the Court

OPINION

2Per curiam

Boris Edember Delgado-Hernandez (“Delgado”) seeks review of a final order of removal following the Board of Immigration Appeals’ (“BIA”) determination that his conviction for attempted kidnapping under California Penal Code § 207(a) is an aggravated felony because it is categorically a crime of violence. 1 We deny the petition because an ordinary case of kidnapping under this statute presents a substantial risk of force, and therefore § 207(a) defines a crime of violence.

Background

Delgado, a citizen of El Salvador, was lawfully admitted to the United States on July 23, 2001, and became…

3Cases cited22 opinions

  1. Shepard v. United StatesSupreme Court of the United States · 2005
  2. Leocal v. AshcroftSupreme Court of the United States · 2004
  3. James v. United StatesSupreme Court of the United States · 2007
  4. United States v. Rodriguez-MorenoSupreme Court of the United States · 1999
  5. United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-GuillenCourt of Appeals for the Ninth Circuit · 2000

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4Cited by24 opinions

  1. James Dimaya v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  2. United States v. FishCourt of Appeals for the First Circuit · 2014
  3. United States v. Dane GillisCourt of Appeals for the Eleventh Circuit · 2019
  4. Javier Castrijon-Garcia v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
  5. Hector Rodriguez-Castellon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013

19 more not listed; retrieve them via the Exa API.

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