Raul Cuyun-Rosales v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Raul Cuyun-Rosales v. Eric Holder, Jr., 514 F. App'x 693 (9th Cir. 2013)

Raul Cuyun-Rosales v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Raul U. Cuyun-Rosales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Delgado-Hernandez v. Holder, 697 F.3d 1125, 1126 (9th Cir. 2012) (per curiam). We dismiss the petition for review.

We lack jurisdiction to review the agency’s removal order because Cuyun-Ro-sales’s conviction for kidnapping under California Penal Code § 207(a) categorically constitutes an aggravated-felony crime of violence under 8 U.S.C. § 1101(a)(43)(F) that renders him removable under 8 U.S.C. § 1227(a)(2)(A)(iii). See 8 U.S.C. § 1252(a)(2)(C) (eliminating jurisdiction to review removal orders predicated on convictions for aggravated felonies); see also Delgado-Hernandez, 697 F.3d at 1133 (“[A]n ordinary kidnapping under [California Penal Code] § 207(a) is a crime of violence because it results in a substantial risk of force.”).

Cuyun-Rosales contends that his offense does not categorically constitute a crime of violence because the statute of conviction is both overbroad and missing an element *694 of the generic definition of kidnapping. Because this court’s case law forecloses Cuyun-Rosales’s contentions, they are not questions of law sufficiently colorable to invoke our jurisdiction under 8 U.S.C. § 1252(a)(2)(D). See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009) (“To be colorable in this context, ... the claim [or question] must have some possible validity.” (citation omitted)); see also Delgado-Hernandez, 697 F.3d at 1127 (“Because [California Penal Code] § 207(a) is categorically a crime of violence, we need not rely on the modified categorical analysis.”).

PETITION FOR REVIEW DISMISSED.

**

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

Reference

Full Case Name
Raul U. CUYUN-ROSALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished