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Keywords

statuteappealfelony

statutefelony

Related Cases

Solorio-Ruiz v. Sessions

Facts

Roberto Solorio-Ruiz, a native and citizen of Mexico, was convicted of carjacking under California Penal Code 215(a) in 1995. An immigration judge ruled that this conviction was an aggravated felony, making him ineligible for relief from removal, categorizing it as a crime of violence. The Board of Immigration Appeals affirmed this decision without addressing whether the conviction also qualified as a theft offense. Solorio-Ruiz appealed the BIA's decision.

Petitioner Roberto Solorio-Ruiz, a native and citizen of Mexico, petitions for review of a final order of removal. Petitioner stands convicted of carjacking in violation of California Penal Code 215(a). An immigration judge ('IJ') ruled that Petitioner's crime of conviction is an aggravated felony, making him ineligible for relief from removal, because (1) the carjacking offense is a crime of violence, and (2) the carjacking offense is a theft offense.

Issue

Does California carjacking constitute a crime of violence under 8 U.S.C. 1101(a)(43)(F)?

Rule

To determine if a crime qualifies as a crime of violence, the court employs the categorical approach, assessing whether every violation of the statute necessarily involves violent force.

To decide whether California carjacking constitutes a crime of violence after Johnson, we employ the categorical approach. That is, we consider whether every violation of the statute necessarily involves violent force.

Analysis

The court analyzed the California carjacking statute and determined that it does not require the level of violent force mandated by the Supreme Court in Johnson. The court referenced a recent California Court of Appeal decision which clarified that the force required for carjacking is merely more than that needed to seize the vehicle, which does not equate to violent force. Therefore, the court concluded that California carjacking does not meet the criteria for a crime of violence.

Because California carjacking does not require the violent force that Johnson demands, California carjacking is not a crime of violence under 8 U.S.C. 1101(a)(43)(F).

Conclusion

The Ninth Circuit granted the petition for review, concluding that California carjacking is not a crime of violence under federal law and remanded the case to the BIA to consider whether the conviction qualifies as a theft offense.

We grant the petition to that extent and remand the case to the BIA to decide, in the first instance, whether Petitioner's offense qualifies as a theft offense.

Who won?

Roberto Solorio-Ruiz prevailed because the court found that his conviction for carjacking did not meet the federal definition of a crime of violence, thus allowing for further consideration of his eligibility for relief from removal.

Roberto Solorio-Ruiz prevailed because the court found that a California conviction under section 215(a) does not qualify as a crime of violence.

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