Gumesindo Aranzazu-Garcia v. Eric H. Holder Jr.

418 F. App'x 672

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 7, 2011
• Docket: 08-72718
• Status: Unpublished

Opinion

MEMORANDUM **

Gumesindo Aranzazu-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc), and we deny the petition for review.

The IJ properly determined that Aranzazu-Garcia’s conviction for violating Cal.Penal Code § 243.4(a), for which he was sentenced to at least one year imprisonment, constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). See Lisbey v. Gonzales, 420 F.3d 930, 933-34 (9th Cir.2005). Aranzazu-Garcia is therefore removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii), and statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3).

In light of our disposition, we need not reach Aranzazu-Garcia’s remaining contention.

PETITION FOR REVIEW DENIED.

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