Jose Gutierrez-Cervera v. Eric Holder, Jr.

467 F. App'x 559

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 24, 2012
• Docket: 10-73838
• Status: Unpublished

Opinion

MEMORANDUM **

Jose Alberto Gutierrez-Cervera, 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. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Szalai v. Holder, 572 F.3d 975, 978-79 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency properly concluded that Gutierrezr-Cervera is removable under 8 U.S.C. § 1227(a)(2)(E)(ii) where he was convicted twice under CaLPenal Code § 273.6(a) for knowingly and intentionally violating a protection order. See Alanis-Alvarado v. Holder, 558 F.3d 833, 839 — 40 (9th Cir.2009) (state court need not find that alien actually had engaged in violent, threatening, or harassing behavior, but that alien violated “the portion of a protection order that involves protection against” violence, threats, or harassment).

We lack jurisdiction to review the agency’s denial of cancellation of removal as a matter of discretion. See 8 U.S.C. § 1252(a)(2)(B)®.

Respondent’s motion to strike Exhibit A from Gutierrez-Cervera’s opening brief is granted. See 8 U.S.C. § 1252(b)(4).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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