Ruano-Sandoval v. Holder

416 F. App'x 667

Opinion

MEMORANDUM **

Ramon Ruano-Sandoval, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review.

The agency properly determined that Ruano-Sandoval is removable as an alien convicted of a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i) based on his 1997 conviction for violating California Penal Code § 273.5(a). See Banuelos-Ayon v. Holder, 611 F.3d 1080, 1086 (9th Cir.2010); see also Cisneros-Perez v. Gonzales, 465 F.3d 386, 390 (9th Cir.2006) (petty offense exception does not apply to crimes of domestic violence).

Because Ruano-Sandoval’s 1986 conviction for possession of marijuana for sale in violation of California Health & Safety Code § 11359 constitutes an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(B), see Rendon v. MuJcasey, 520 F.3d 967, 975-76 (9th Cir.2008), the agency did not err in concluding that he was statutorily ineligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act. See Becker v. Gonzales, 473 F.3d 1000, 1004 (9th Cir.2007); Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054-55 (9th Cir. 2005)

As these two convictions render RuanoSandoval removable and ineligible for relief, we do not reach his remaining contentions.

PETITION FOR REVIEW DENIED.

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