Edgar Reyes-Vara v. Eric Holder, Jr.

Filing 920091202

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1574 EDGAR JAVIER REYES-VARA, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 19, 2009 Decided: December 2, 2009 Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Edgar Javier Reyes-Vara, Petitioner Pro Se. Daniel Eric Goldman, Senior Litigation Counsel, Tyrone Sojourner, Matthew Allan Spurlock, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edgar Mexico, Javier for Reyes-Vara, review of a an native order his and of citizen Board from of of the petitions Appeals the Immigration ("Board") dismissing appeal Immigration Judge's decision, which found him removable as an alien convicted of a crime of violence that qualified as an aggravated felony and ordered him removed to Mexico. Before this court, Reyes-Vara contends the Board erred in finding that he was convicted of an aggravated felony. Based on our review of the record, we agree that the 2007 conviction under Virginia law for assault and battery against a family member, third offense, amounted to a "crime of violence" and was therefore an aggravated felony. See 8 U.S.C. 1101(a)(43)(F) Thus, the Board properly See 8 U.S.C. (2006); 18 U.S.C. 16(a) (2006). upheld the charge of removability on this ground. 1227(a)(2)(A)(iii) (2006); In re: Reyes-Vara (B.I.A. Apr. 29, 2009). Accordingly, dispense with oral we deny the petition the for facts review. and We argument because legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?