Barragan-Lopez v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 01-29-2013
  • Case #: 06-74884
  • Judge(s)/Court Below: Circuit Judge W. Fletcher for the Court; Circuit Judges Clifton and Ikuta.
  • Full Text Opinion

Using a hostage to shield oneself from arrest is considered a violent crime, and thus is a deportable offense under 8 U.S.C. § 1227(a)(2)(A)(iii).

Barragan-Lopez, a citizen of Mexico and conditional legal permanent resident of the United States, was charged with false imprisonment and using his daughter as a shield from arrest in 2004. He was charged under California Penal Code § 210.5, a felony. The government dropped the charges to an aggravated felony, a deportable offense under 8 U.S.C. § 1227(a)(2)(A)(iii), and Barragan-Lopez was ordered to be removed. The Board of Immigration Appeals (BIA) affirmed, and Barragan-Lopez appealed. The Ninth Circuit reviewed the case solely to determine whether Barragan-Lopez’s crime was violent, and therefore made him removable under 8 U.S.C. § 1227(a)(2)(A)(iii). The Court found that Barragan-Lopez’s crime did classify as a violent crime under 18 U.S.C. § 16(b), because it created “a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” Petition for review DENIED in part and DISMISSED in part.

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