Ponce-Gutierrez v. Holder , 465 F. App'x 602 ( 2012 )

FILED
NOT FOR PUBLICATION JAN 04 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SERGIO PONCE-GUTIERREZ, No. 06-74778
Petitioner, Agency No. A092-130-002
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Sergio Ponce-Gutierrez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order denying his motion to reopen. We
review de novo questions of law, Vargas-Hernandez v. Gonzales, 497 F.3d 919,
921 (9th Cir. 2007), and we dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Ponce-Gutierrez’s contention that he is not deportable because his
convictions have been expunged is unavailing, regardless of the date the
expungement took effect. See Ramirez-Castro v. INS, 287 F.3d 1172, 1175 (9th
Cir. 2002) (holding that a conviction expunged in 1993 under California law
retained its adverse immigration consequences). We therefore lack jurisdiction to
review the order of deportation against Ponce-Gutierrez because he is deportable
under 8 U.S.C. § 1227(a)(2)(A)(ii) on the basis of two convictions under California
Penal Code § 273.5(a), for which a sentence of at least one year may be imposed.
See 8 U.S.C. § 1252(a)(2)(C); Ghahremani v. Gonzales, 498 F.3d 993, 998 n.5 (9th
Cir. 2007) (8 U.S.C. § 1252(a)(2)(C) applies to the court’s review of the denial of a
motion to reopen).
PETITION FOR REVIEW DISMISSED.
2 06-74778