Gumesindo Aranzazu-Garcia v. Eric H. Holder Jr. , 418 F. App'x 672 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GUMESINDO ARANZAZU-GARCIA, No. 08-72718
a.k.a. Gumecindo Aranzuza, a.k.a.
Gumesindo Garcia, a.k.a. Gumesindo Agency No. A017-264-686
Garcia Aranzuza,
Petitioner, MEMORANDUM *
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
*
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).
Gumesindo Aranzazu-Garcia, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8
U.S.C. § 1252. We review de novo questions of law, Abebe v. Gonzales, 432 F.3d
1037, 1040 (9th Cir. 2005) (en banc), and we deny the petition for review.
The IJ properly determined that Aranzazu-Garcia’s conviction for violating
Cal. Penal Code § 243.4(a), for which he was sentenced to at least one year
imprisonment, constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(F).
See Lisbey v. Gonzales, 420 F.3d 930, 933-34 (9th Cir. 2005). Aranzazu-Garcia is
therefore removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii), and
statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3).
In light of our disposition, we need not reach Aranzazu-Garcia’s remaining
contention.
PETITION FOR REVIEW DENIED.
2 08-72718