Ortiz-Magana v. Mukasey, 523 F.3d 1042 (9th Cir. Apr. 28, 2008) (noncitizen failed to establish a reasonable probability that the state would apply the statute of conviction outside the definition of the ground of deportation in the aiding and abetting an assault with a deadly weapon, aggravated felony crime of violence context, since he presented no evidence that California has applied aiding and abetting assault outside the generic definition of a crime of violence).