Edgar Reyes-Vara v. Eric Holder, Jr.

Filing 920091202

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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