Opinion
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NOT FOR PUBLICATION.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 Board of Immigration Appeals (BIA) order finding him removable as an aggravated felon, based on his guilty plea to offense of driving under the influence of alcohol with injury in violation of California Vehicle Code. The Court of Appeals held that such offense was not a crime of violence warranting removal.
Petition granted.
Page 755.
Petition for Review of an Order of the Board of Immigration Appeals.
Before SCHROEDER, Chief Judge, D.W. NELSON, and RAWLINSON, Circuit Judges.
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.
Javier Valencia-Valencia 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 August 6, 1998, to Driving Under the Influence of Alcohol with Injury, in violation of California Vehicle Code § 23153(b). 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.