On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A029-273-534.
Submitted September 1, 2009*fn1 -- Seattle, Washington
Before: Michael Daly Hawkins, M. Margaret McKeown and Jay S. Bybee, Circuit Judges.
Boris Edember Delgado-Hernandez ("Delgado") seeks review of a final order of removal based on the Board of Immigration Appeals' ("BIA") determination that his conviction for attempted kidnapping under California Penal Code § 207(a) is an aggravated felony because it is categorically a crime of violence.*fn2 We agree and deny the petition.
Delgado, a citizen of El Salvador, was lawfully admitted to the United States on July 23, 2001, and became a lawful permanent resident in 2003. He pled guilty to the attempted kidnapping of his cousin on April 12, 2006, and was sentenced to eighteen months in prison. The Department of Homeland Security initiated removal proceedings against Delgado in September of 2006, charging him as removable under INA § 237(a)(2)(A)(iii) as an alien convicted of an aggravated felony under INA § 101(a)(43)(F). The Immigration Judge found that attempted kidnapping under California Penal Code § 207(a) was an aggravated felony. Delgado timely appealed and the BIA affirmed the decision in an unpublished opinion.
We have jurisdiction under 8 U.S.C. § 1252(a)(1), which provides for judicial review of final orders of removal, and under 8 U.S.C. § 1252(a)(2)(D), which provides for judicial review of constitutional and legal questions raised by petitioners found removable based on criminal activity. "[W]e review de novo the BIA's determination of questions of law, except to the extent that deference is owed to its interpretation of the governing statutes and regulations." Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1011 (9th Cir. 2006). Because the BIA resolved this appeal in an unpublished decision, we defer to its interpretation of the INA only to the extent we find it persuasive. See id. at 1014-15.
 An "aggravated felony" under INA § 101(a)(43)(F) means "a crime of violence (as defined in section 16 of Title 18, but not including a purely political offense) for which the term of imprisonment [is] at least one year." Title 18 U.S.C. § 16, in turn, defines the term "crime of violence" as:
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Under INA § 101(a)(43)(U), attempts to commit an aggravated felony are treated as if they are completed commissions of the aggravated felony. Delgado does not dispute that his conviction carries a term of imprisonment of at least one year, but argues that it does not qualify as a crime of violence.
 In determining whether an offense qualifies as an aggravated felony under INA § 101(a)(43)(F), we apply the "categorical approach" to determine whether the "full range of conduct covered by" the relevant state criminal statute "falls within the meaning of" crime of violence under 18 U.S.C. § 16. Penuliar v. Mukasey, 528 F.3d 603, 609 (9th Cir. 2008) (internal quotation marks omitted).
California Penal Code § 207(a) defines kidnapping as "forcibly, or by any other means of instilling fear, steal[ing] or tak[ing], or hold[ing], detain[ing], or arrest[ing] any person in this state, and carr[ying] the person into another ...