Juan Perez-Serna v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 8 2023

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN PEREZ-SERNA, No. 18-71357

Petitioner, Agency No. A205-671-964 v.

MEMORANDUM* MERRICK GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 6, 2023** Portland, Oregon

Before: M. SMITH, FORREST, and SUNG, Circuit Judges.

Petitioner Juan Perez-Serna challenges the Board of Immigration Appeals’ (BIA) dismissal of his appeal from the Immigration Judge’s denial of his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

We review de novo the BIA’s denial of cancellation of removal based on Perez-Serna’s judgment of contempt for violating a restraining order issued against him under Oregon’s Family Abuse Prevention Act (FAPA), Or. Rev. Stat. §§ 107.700–107.735. See Diaz-Quirazco v. Barr, 931 F.3d 830, 838 (9th Cir. 2019). Our decision in Diaz-Quirazco forecloses Perez-Serna’s application for cancellation of removal because there we held that a judgment of contempt for violating a FAPA restraining order is an offense under 8 U.S.C. § 1227(a)(2) that renders a petitioner statutorily ineligible for cancellation of removal. Id. at 846; 8 U.S.C. § 1229b(b)(1)(C).

PETITION DENIED.