Delgado-Hernandez v. Holder (9th Cir.)

In the 9th Circuit, attempted kidnapping in violation of California Penal Code § 207(a) is now officially a removable offense because the crime carries with it the threat of physical force being used against the victim.   Attempted kidnapping meets the definition of aggravated felony under 18 U.S.C. § 16(b) because the court considered it a crime of violence.   The fact that the crime may not have been successfully carried out is of no import because the court noted that an attempt to commit an aggravated felony is treated as if it were completed commission of the aggravated felony.