Solis Olvera v. Holder

385 F. App'x 772

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 1, 2010
• Docket: 06-72516
• Status: Unpublished

Opinion

MEMORANDUM **

Juan Solis Olvera, a native and citizen of Mexico, appeals the Board of Immigration Appeals’s (“BIA”) decision affirming an Immigration Judge’s denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b). Petitioner contends the BIA erred in ruling that his conviction for willfully discharging a firearm in a grossly negligent manner rendered him statutorily ineligible for cancellation of removal.

The BIA did not err. Aiens who commit “[c]ertain firearm offenses” cannot obtain cancellation of removal. 8 U.S.C. §§ 1227(a)(2)(C), 1229b(b)(l)(C). Petitioner’s conviction for willfully discharging a firearm in a grossly negligent manner in violation of California Penal Code § 246.3 is a firearms offense that renders him statutorily ineligible for cancellation of removal. See Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649, 652 (9th Cir.2004); Valerio-Ochoa v. INS, 241 F.3d 1092, 1095 (9th Cir.2001). We need not consider Petitioner’s argument that he is eligible for relief because he used a firearm for “cultural purposes. This claim was never presented to the BIA and we lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Petitioner also argues that this court should overrule Gonzalez-Gonzalez. A three-judge panel cannot, however, overrule a case unless there has been some intervening controlling authority. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc). Petitioner has pointed to no intervening authority that undermines our decision in Gonzalez-Gonzalez.

The petition for review is DENIED.

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