Cesar Hernandez-Carranza v. Eric Holder, Jr.

552 F. App'x 765

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 23, 2014
• Docket: 12-73507
• Status: Unpublished

Opinion

MEMORANDUM **

Cesar Hernandez-Carranza, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and review for substantial evidence factual determinations. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). We deny the petition for review.

Hernandez-Carranza does not dispute that his conviction for grand theft/embezzlement under California Penal Code § 487(a)/508 with a 214-day sentence is a crime involving moral turpitude. This conviction is final for immigration purposes, and the validity of this conviction is not properly before us. See Planes v. Holder, 652 F.3d 991, 996 (9th Cir.2011); Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1041 (9th Cir.2011) (“A petitioner may not collaterally attack his state court conviction on a petition for review of a BIA decision.”). Accordingly, the BIA eorrect ly determined that Hernandez-Carranza is statutorily ineligible for cancellation of removal due to his conviction. See 8 U.S.C. §§ 1182(a)(2)(A)(i)(I), 1229b(b)(l)(C).

Substantial evidence supports the BIA’s determination that Hernandez-Carranza has not established eligibility for any other form of relief or protection from removal. See 8 U.S.C. § 1229a(c)(4)(A).

PETITION FOR REVIEW DENIED.

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