Edgar Daniel ROSALES, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent, 357 F. App'x 135

MEMORANDUM Edgar Daniel Rosales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo, Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1126-27 (9th Cir.2007), and we deny the petition for review.

We agree with the BIA’s conclusion that Rosales is removable under 8 U.S.C. § 1227(a) (2) (A) (iii) as an aggravated felon under because his conviction under California Penal Code § 245(a)(1) categorically constitutes a crime of violence and he was sentenced to a term of imprisonment of at least one year for his crime. See United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir.2009) (per curiam) (Cal.Penal Code § 245 contains the requisite mens rea to qualify as a crime of violence under 18 U.S.C. § 16). Rosales’ remaining contentions lack merit. PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.