Iqbal Singh v. Eric Holder, Jr.

391 F. App'x 686

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 12, 2010
• Docket: 09-72231
• Status: Unpublished

Opinion

MEMORANDUM ***

The BIA did not err in finding Singh removable because his robbery conviction under California Penal Code § 212.5(c) is a categorical crime of violence under 8 U.S.C. § 1101(a)(43)(F). See Nieves-Medrano v. Holder, 590 F.3d 1057, 1057-58 (9th Cir.2010).

Singh’s removal to India moots his claim that he is entitled to protection from removal under the Convention Against Torture. See Hose v. INS, 180 F.3d 992, 996 (9th Cir.1999) (en banc).

Even assuming that Singh’s due process rights were violated when immigration officials failed to transport him to his state post-conviction relief hearing, he has failed to show that the violation “potentially ... affect[ed] the outcome of the proceedings.” Reyes-Melendez v. INS, 342 F.3d 1001, 1007 (9th Cir.2003) (alteration and omission in original) (internal quotation marks omitted).

PETITION DENIED.

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