FILED

NOT FOR PUBLICATION

FEB 13 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT JAVIER ALFONSO LUNA RIVERA, No. 17-72523

Petitioner, Agency No. A205-173-654 v.

MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 9, 2023**

Pasadena, California Before: SCHROEDER, TALLMAN, and IKUTA, Circuit Judges.

Javier Alfonso Luna Rivera seeks review of an order of the Board of Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ)

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition.

The BIA did not err in concluding that Luna Rivera’s conviction under Section 245(a)(1) of the California Penal Code was a crime involving moral turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Safaryan v. Barr, 975 F.3d 976, 981 (9th Cir. 2020) (“[A] violation of § 245(a)(1) is categorically a [CIMT].”).

Under 8 U.S.C. § 1229b(b)(1)(C), an alien who is convicted of certain enumerated offenses, including a CIMT, 8 U.S.C. § 1182(a)(2)(A)(i)(I), is “ineligible for cancellation of removal,” Barton v. Barr, 140 S. Ct. 1442, 1452 (2020), as we have confirmed on many occasions, see, e.g., Ballinas-Lucero v. Garland, 44 F.4th 1169, 1173 (9th Cir. 2022); Diaz-Flores v. Garland, 993 F.3d 766, 773–74 (9th Cir. 2021).

Thus, because Luna Rivera’s conviction under Section 245(a)(1) was a CIMT, he is ineligible for cancellation of removal. PETITION DENIED.

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