Luis Bernal Gomez v. Loretta Lynch

671 F. App'x 967

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 20, 2016
• Docket: 15-71326
• Status: Unpublished

Opinion

. MEMORANDUM **

Luis Alonso Bernal Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision pretermitting his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Lopez-Jacuinde v. Holder, 600 F.3d 1215, 1217 (9th Cir. 2010), and- deny the petition for review.

The agency properly concluded that Bernal Gomez’ conviction under California Health & Safety Code (“CHSC”) § 11383(c)(1) was a drug trafficking aggravated felony that rendered him ineligible for cancellation of removal. See Lopez-Jacuinde, 600 F.3d at 1217-19 (a conviction under CHSC § 11383(c)(1) is categorically a drug trafficking aggravated felony under 8 U.S.C. § 1101(a)(43)(B)); 8 U.S.C. § 1229b(a)(3) (a conviction for an aggravated felony renders an applicant ineligible for cancellation of removal).

Bernal Gomez contends that this court’s decision in Lopez-Jacuinde v. Holder was wrongly decided, but in the absence of an intervening Supreme Court or en banc decision, “[a] three-judge panel cannot reconsider or overrule circuit precedent.” Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.