Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011) (California conviction of first-degree burglary, in violation of Penal Code 459, 460(a), constituted an aggravated felony crime of violence, since the abstract of judgment established the conviction was of first-degree burglary, as defined in Penal Code 460(a) -- burglary of an inhabited dwelling house, vessel ... which is inhabited and designed for habitation, floating home ..., or trailer coach ..., or the inhabited portion of any other building.); following United States v. Becker, 919 F.2d 568, 573 (9th Cir. 1990) (California conviction of first-degree burglary under Penal Code 459 is a crime of violence because it involves a substantial risk that physical force may be used in the course of committing the offense); Lopez"Cardona v. Holder, ___ F.3d ___, 2011 WL 5607634 (9th Cir. Nov. 18, 2011) (California conviction of first-degree burglary, in violation of California Penal Code 459, was a crime of violence within the meaning of 18 U.S.C. 16(b)), distinguishing United States v. Aguila"Montes de Oca, 655 F.3d 915 (9th Cir.2011) (en banc) (California conviction of first-degree burglary, under Penal Code 459, did not categorically constitute burglary).

 

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