Ricardo Palos-Marquez v. Eric Holder, Jr.

596 F. App'x 587

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 10, 2015
• Docket: 11-73799
• Status: Unpublished

Opinion

MEMORANDUM **

Ricardo Palos-Marquez petitions for review of a decision by the Board of Immigration Appeals that he is removable because his conviction under 8 U.S.C. § 1324(a)(1)(A)(ii) for knowingly transporting undocumented persons is an aggravated felony under 8 U.S.C. § 1101(a)(43)(N). We dismiss the petition.

1. The phrase “relating to alien smuggling” in 8 U.S.C. § 1101(a)(43)(N) is descriptive, rather than limiting, and offenses listed in that provision are categorically aggravated felonies, except for certain first-time offenses involving family members. See Castro-Espinosa v. Ashcroft, 257 F.3d 1130, 1131-32 & n. 2 (9th Cir.2001); United States v. Galindo-Gallegos, 244 F.3d 728, 733-34 (9th Cir.), amended on other grounds by 255 F.3d 1154 (9th Cir.2001). Section 1324(a)(l)(A)(ii) is listed in § 1101(a)(43)(N). Palos-Marquez’s conviction was not for a first-time offense involving a family member, and he therefore was convicted of an aggravated felony.

2. Because Palos-Marquez was convicted of an aggravated felony, we lack jurisdiction over this petition for review. 8 U.S.C. §§ 1227(a)(2)(A)(ii), 1252(a)(2)(C); see Castro-Espinosa, 257 F.3d at 1132.

DISMISSED.

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