Barragan-Lopez v. Holder
2013 U.S. App. LEXIS 1981
9th Cir.2013Background
- Barragan-Lopez, a Mexican citizen and lawful permanent resident, pleaded guilty to California Penal Code § 210.5 false imprisonment.
- §210.5 provides enhanced punishment for false imprisonment when committed to protect from arrest or to use the victim as a shield.
- Conviction occurred in 2004; the sentence was three years in state prison.
- In 2006, removal proceedings were initiated; charges were narrowed to removability for an aggravated felony.
- The IJ classified the §210.5 conviction as a categorical crime of violence under 18 U.S.C. § 16(b), and the BIA affirmed.
- This court reviews whether the offense constitutes an aggravated felony de novo and maintains limited review of final removals under 8 U.S.C. § 1252(a)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §210.5 false imprisonment is a crime of violence under §16(b) | Barragan-Lopez contends the conduct does not involve substantial risk of force | Government contends §210.5 inherently involves substantial risk of force in the ordinary case | Yes; §210.5 categorically falls within §16(b) as a crime of violence |
Key Cases Cited
- Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (defines crime of violence in terms of risk of force in committing a crime)
- Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012) (holds kidnapping under §207(a) as crime of violence under §16(b))
- Estrada-Rodriguez v. Mukasey, 512 F.3d 517 (9th Cir. 2007) (resisting arrest categorically a crime of violence under §16(b))
- James v. United States, 550 U.S. 192 (U.S. 2007) (statutory interpretation guiding §16(b) substantial risk analysis)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for counting elements of an offense)
- Penuliar v. Mukasey, 528 F.3d 603 (9th Cir. 2008) (articulates categorical approach to §16(b) analysis)
- Gonzalez-Perez, 472 F.3d 1158 (9th Cir. 2007) (Florida false imprisonment not a crime of violence under §2L1.2; distinguished on substantial risk language)