*1 506 Stalzer, Trial, OIL, Michael U.S. See Robert depose employee. to CFS’s
Oklahoma DC, v. United Quinhagak, Justice, Washington, Native Vill. of Department of (9th Cir.2002). States, 1075, 307 F.3d 1079 ICE, of the Chief Counsel Office Chief attorney’s compensable, is An travel time of Securi- Department Homeland Counsel Angeles, 796 City Los see v. Chalmers Francisco, CA, of Respondent. for ty, San Cir.1986), (9th 1205, 1216 and CFS F.2d it supporting the rule offers no case law adopt namely, that have us
would here — unreason-
attorney per costs are se travel conducted
able a could be deposition when Moreover, findings factual remotely. the PREGERSON, SCHROEDER, Before: of court’s award travel underlying the FRIEDLAND, Judges. Circuit and erroneous, clearly see Native costs are not 1079, Quinhagak, at as 307 F.3d Vill. of purported of its no evidence CFS adduced * MEMORANDUM to fly deponent to its California.
offer Therefore, in court did not err district the Tania Bibiano Ra- Petitioner Casandra exercising discretion” to its “considerable Mexico and mirez is a native and citizen of at v. and fees issue. Webb award the costs legal of the United permanent resident 524, (9th 527 Cir. County, Ada 195 F.3d petitions Ramirez for of States. review 1999). Immigration Appeals’ the Board óf AFFIRMED. (“BIA”) denying for order her application of removal protection and un-
cancellation Against the Convention Torture der (“CAT”). person BIA held her a
The removable as “aggravated felony” of pursu- convicted an 1227(a)(2)(A)(iii). § to The RAMIREZ, ant 8 U.S.C. Tania Casandra Bibiano Bernal, “aggravated felony” AKA of includes AKA Casandra Ta- definition Tania Ramirez, Petitioner, Bibiano of nia C. “a crime ... for the violence term which year,” imprisonment of at least one 8 [is]
v. 1101(a)(43)(F). § U.S.C. LYNCH, Attorney E. Loretta General, Respondent. of was convicted of counts Ramirez two
No. 14-71528. weapon a in deadly assault with violation 245(a)(1) § of Penal and California Code Appeals, of United Court States leaving two counts of the scene of an acci Ninth Circuit. resulting in a in injury person dent to 2, 2015. Argued and Submitted Nov. of violation California Code Vehicle 4, Jan. 2016. Filed 20001(a). driving § a While a ear without n license, repeatedly other she crashed into Stender, Esquire, Christopher John pedestrians, inju causing and serious cars PC, Counselors, AZ, Immigration Federal expressly ries. We have held that assault AZ, Phoenix, for Petitioner. * by disposition appropriate publica- This for 9th Cir. R. is not 36-3. provided precedent except tion as and is not
507 *2 in of deadly weapon with a violation Cali additional harsh to penalty a —removal 245(a)(1) § categori country fornia is she not know that Penal Code does and she in cally a crime violence as defined 18 fears. of 16(a). Grajeda, § U.S.C. United States v. punishment This harsh is one she will (9th Cir.2009). 581 Ramirez’s F.3d 1186 not bear five-year-old daughter alone: her
two-year prison sentence also satisfied the Andrea,
birth,
a
by
U.S.
will
citizen
also
requirement
for
imprisonment
a term of
suffer
is
because her mother
taken from
for at
year.
least one
The BIA therefore
her;
deprived
she will be
of her mother’s
properly
that
determined
Ramirez was re
love, counsel,
for
presence
many,
and
charged
movable as
8
under
U.S.C. many, many years.
City
See Moore v.
of
1227(a)(2)(A)(iii)
ineligible
§
and
for can
494,
Cleveland,
503-05,
East
431 U.S.
97
of
of
assault
cellation
removal
her
because
1932,
(1977) (“Our
S.Ct.
The for is DENIED. review
PREGERSON, Judge, Circuit
dissenting: all purposes,
For intents and Tania Ca-
sandra Bernal is an has American. She
spent almost her entire life here: she was infant;
brought grew to the U.S. as an she up by family, surrounded her all citizens or Fitzgerald PALMER, Kenneth residents; and, permanent lawful as an Plaintiff-Appellant, student, process older in of she was the v. finishing high many school. And like Carolyn COLVIN, W. Commissioner Americans, begun she had to her build Security, of Social Defendant- citizen, family: own she married a U.S. Appellee. Bernal, together they gave Andres and life baby girl to a citizen Andrea U.S. named No. 13-16886. Erin Bernal. United of Appeals, States Court Bernal, Yet Casandra despite Tania her Ninth Circuit. America,
strong suffering to ties is more punishment severe than had she been born 19, Argued and Submitted Nov. 2015.* years in the to two in U.S. Sentenced 4, 2016. Filed Jan. prison, years she spent has now three Caldwell, prison behind bars in a state and an immi- Mark Ross Caldwell & Ober LLC, Phoenix, AZ, gration detention an Plaintiff-Appellant. center. She faces for * 34(a)(2). panel unanimously R.App. The this case is See concludes Fed. P. argument. suitable for decision oral without