Antonio Campos-Toro v. Eric Holder, Jr. , 435 F. App'x 699 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTONIO CAMPOS-TORO, No. 09-71618
Petitioner, Agency No. A092-177-591
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Antonio Campos-Toro, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review de novo questions of law, Cheuk Fung S-Yong v. Holder, 600 F.3d
1028, 1034 (9th Cir. 2010), and we deny the petition for review.
The agency correctly determined that Campos-Toro’s 2006 conviction for
violating California Penal Code § 273.5(a) is an aggravated felony crime of
violence under 8 U.S.C. § 1101(a)(43)(F), where he was sentenced to a term of
imprisonment of at least one year. See Banuelos-Ayon v. Holder, 611 F.3d 1080,
1083 (9th Cir. 2010) (a conviction under California Penal Code § 273.5(a) is
categorically a crime of violence under 18 U.S.C. § 16(a)). Campos-Toro 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).
PETITION FOR REVIEW DENIED.
2 09-71618