Corona-Martinez v. Holder

U.S. Court of Appeals for the Ninth Circuit
Corona-Martinez v. Holder, 385 F. App'x 779 (9th Cir. 2010)

Corona-Martinez v. Holder

Opinion

MEMORANDUM ***

The Board of Immigration Appeals (“BIA”) did not err in affirming the decision of the Immigration Judge denying Corona-Martinez’s application for cancellation of removal. Aliens who commit “[cjertain firearm offenses” cannot obtain cancellation of removal. 8 U.S.C. §§ 1227(a)(2)(C), 1229b(b)(l)(C). Section 1227 lists the “carrying” of a firearm as one such offense rendering an alien ineligible for relief. 8 U.S.C. § 1227(a)(2)(C). Corona-Martinez’s conviction of “carrying a loaded firearm” in violation of California Penal Code § 12031(a)(1) therefore precludes him from obtaining cancellation of removal. See Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649, 652 (9th Cir. 2004).

The BIA and Immigration Judge did not deprive Corona-Martinez of his due process and equal protection rights. Because Corona-Martinez is statutorily ineligible for cancellation of removal, he can *781 not demonstrate that any of the alleged due process violations prejudiced him. See Simeonov v. Ashcroft, 371 F.3d 532, 537-38 (9th Cir. 2004). Corona-Martinez’s equal protection argument fails because there is a rational basis for denying relief to aliens who commit firearms offenses. See Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1041 (9th Cir. 2007).

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.

Reference

Full Case Name
Desiderio CORONA-MARTINEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished