Francisco Orea-Barbosa v. Eric H. Holder Jr. , 402 F. App'x 296 ( 2010 )

FILED
NOT FOR PUBLICATION NOV 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO JAVIER OREA- No. 08-73401
BARBOSA,
Agency No. A094-811-279
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.
Francisco Javier Orea-Barbosa, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the
petition for review.
The agency properly concluded that Orea-Barbosa was statutorily ineligible
for cancellation of removal because his conviction constituted a crime of domestic
violence. Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010)
(conviction under California Penal Code § 273.5 categorically a crime of violence).
His remaining contentions are unavailing. See Vasquez-Hernandez v. Holder, 590
F.3d 1053, 1056-57 (9th Cir. 2010); see also Sanchez v. Holder, 560 F.3d 1028,
1032 (9th Cir. 2009) (“A statute giving the Attorney General discretion to grant
relief from inadmissibility does not give the Attorney General discretion to grant
relief from removal.”) (emphasis in original).
PETITION FOR REVIEW DENIED.
2 08-73401