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ARELLANO HERNANDEZ v. LYNCH

No. 11-72286.

831 F.3d 1127 (2016)

Javier ARELLANO HERNANDEZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2016.

Attorney(s) appearing for the Case

John Gore (argued), Jones Day, Washington, D.C.; Beong-Soo Kim , Jones Day, Los Angeles, California; for Petitioner.

Don Scroggin (argued) and Sarah Maloney , Attorneys; Linda S. Wernery , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: J. Clifford Wallace, Mary M. Schroeder, and N. Randy Smith, Circuit Judges.

OPINION

Javier Arellano Hernandez's conviction for attempted criminal threats, pursuant to California Penal Code sections 422 and 664, constitutes an aggravated felony for which he is removable. See 8 U.S.C. § 1101(a)(43)(F). First, attempted criminal threats is categorically a crime of violence as...

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