Gallardo v. Mukasey

279 F. App'x 484

Opinion

MEMORANDUM **

Jose Maria Partida Gallardo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 to review de novo questions of law, Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), and we deny the petition for review.

Partida Gallardo’s contention that he is eligible for relief under former § 212(c) is foreclosed by Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir. 2002) (aliens who “pleaded not guilty and elected a jury trial ... [are] barred from seeking § 212(c) relief’). See also Saravia-Paguada v. Gonzales, 488 F.3d 1122, 1131-34 (9th Cir.2007).

We reject Partida Gallardo’s contention regarding his allegedly defective criminal conviction, as we cannot collaterally revisit the circumstances of a conviction. See Ortega de Robles v. INS, 58 F.3d 1355, 1358 (9th Cir.1995).

PETITION FOR REVIEW DENIED.

Footnotes

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