Lopez-Cardona v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 11-18-2011
  • Case #: 09-71661
  • Judge(s)/Court Below: Circuit Judge Bea for the Court; Circuit Judges Garber and Callahan
  • Full Text Opinion

A conviction for residential burglary under California Penal Code § 459 constitutes a crime of violence because it is a felony "that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense," making it a "particularly serious crime" for the purposes of denying withholding of removal.

David Lopez-Cardona, a native citizen from El Salvador, was convicted of an offense involving a controlled substance in February 2006 and convicted of three counts of first-degree residential burglary in March 2007, both removable offenses. The Immigration Judge ("IJ") denied Lopez's applications for withholding of removal, as his burglary convictions constitute particularly serious crimes of violence defined under 18 U.S.C. § 16(b). On appeal, the Board of Immigration Appeals ("BIA") affirmed the decision of the IJ and dismissed Lopez's appeal. On petition to the Ninth Circuit, the Court held a conviction for residential burglary under California Penal Code § 459 constitutes a crime of violence because it is a felony "that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense," making it a "particularly serious crime." Additionally, the Ninth Circuit held that Lopez failed to prove it is more likely than not he will be tortured upon his return to El Salvador. PETITION DENIED.

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