From Casetext: Smarter Legal Research

Bhatti v. I.N.S.

United States Court of Appeals, Ninth Circuit
Nov 14, 2001
22 F. App'x 770 (9th Cir. 2001)

Opinion


22 Fed.Appx. 770 (9th Cir. 2001) Jasbir Singh BHATTI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-71461. I & NS No. A40-101-043. United States Court of Appeals, Ninth Circuit. November 14, 2001

Argued April 13, 2001.

Submitted August 8, 2001

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien petitioned for review of an order of the Board of Immigration Appeals (BIA) finding him removable as an aggravated felon. The Court of Appeals held that Nevada conviction for driving under the influence of alcohol for the third time was not a "crime of violence."

Petition granted.

Petition to Review a Decision of the Board of Immigration Appeals.

Before SCHROEDER, Chief Judge, D.W. NELSON and RAWLINSON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Jasbir Singh Bhatti petitions for review of an order of the Board of Immigration Appeals finding him removable as an aggravated felon under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). Petitioner was convicted on April 16, 1998 of driving under the influence of alcohol for the third time, in violation of Nevada Revised Statutes § 484.379.

In United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir.2001), we held that driving under the influence of alcohol and causing bodily injury, in violation of California Vehicle Code § 23153, is not a "crime of violence" as defined in 18 U.S.C. § 16. We reasoned that § 23153 can be violated through negligence, whereas a "crime of violence" can be committed only with a mental state of at least recklessness. See Trinidad-Aquino, 259 F.3d at 1144-1146.

Like § 23153, Nevada Revised Statutes § 484.379 can be violated through negligence. It follows that a violation of § 484.379 is not a "crime of violence." We therefore hold that Bhatti was not convicted

Page 771.

of an aggravated felony as defined by 8 U.S.C. § 1101(a)(43)(F).

PETITION GRANTED.


Summaries of

Bhatti v. I.N.S.

United States Court of Appeals, Ninth Circuit
Nov 14, 2001
22 F. App'x 770 (9th Cir. 2001)
Case details for

Bhatti v. I.N.S.

Case Details

Full title:Jasbir Singh BHATTI, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 14, 2001

Citations

22 F. App'x 770 (9th Cir. 2001)