U.S. Court of Appeals for the Ninth Circuit, 2011

Juan Rivera-Cerezo v. Eric H. Holder Jr.

Juan Rivera-Cerezo v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 1, 2011 · Canby, Fernandez, Smith
417 F. App'x 649

Juan Rivera-Cerezo v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Juan Carlos Rivera-Cerezo, a native and citizen of Mexico, petitions for review of *650 the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cheuk Fung S-Yong v. Holder, 600 F.3d 1028, 1034 (9th Cir. 2010), and we deny the petition for review.

The agency correctly determined that Rivera-Cerezo’s 2006 conviction for violating California Penal Code § 273.5(a) is an aggravated felony crime of violence under 8 U.S.C. § 1101(a)(43)(F), where he was actually sentenced to a term of imprisonment of at least one year. See Banuelos- Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010) (a conviction under Cal.Penal Code § 273.5(a) is categorically a crime of violence under 18 U.S.C. § 16(a)). Rivera-Cerezo’s contention that the two-year sentence he incurred cannot be attributed to his offense for the purposes of 8 U.S.C. § 1101(a)(43)(F) is unpersuasive. The agency therefore did not err in concluding that Rivera-Cerezo was statutorily ineligible for cancellation of removal. See 8 U.S.C. § 1229b(a)(3).

PETITION FOR REVIEW DENIED.

**

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

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