Cesar Hernandez-Carranza v. Eric Holder, Jr. , 552 F. App'x 765 ( 2014 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            JAN 23 2014
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    CESAR HERNANDEZ-CARRANZA,                        No. 12-73507
    Petitioner,                       Agency No. A095-745-118
    v.
    MEMORANDUM*
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted January 21, 2014**
    Before:        CANBY, SILVERMAN, and PAEZ, Circuit Judges.
    Cesar Hernandez-Carranza, a native and citizen of Mexico, petitions pro se
    for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
    appeal from an immigration judge’s order of removal. We have jurisdiction under
    8 U.S.C. § 1252. We review de novo questions of law and review for substantial
    *
    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).
    evidence factual determinations. Lopez-Cardona v. Holder, 
    662 F.3d 1110
    , 1111
    (9th Cir. 2011). We deny the petition for review.
    Hernandez-Carranza does not dispute that his conviction for grand
    theft/embezzlement under California Penal Code § 487(a)/508 with a 214-day
    sentence is a crime involving moral turpitude. This conviction is final for
    immigration purposes, and the validity of this conviction is not properly before us.
    See Planes v. Holder, 
    652 F.3d 991
    , 996 (9th Cir. 2011); Ramirez-Villalpando v.
    Holder, 
    645 F.3d 1035
    , 1041 (9th Cir. 2010) (“A petitioner may not collaterally
    attack his state court conviction on a petition for review of a BIA decision.”).
    Accordingly, the BIA correctly determined that Hernandez-Carranza is statutorily
    ineligible for cancellation of removal due to his conviction. See 8 U.S.C.
    §§ 1182(a)(2)(A)(i)(I), 1229b(b)(1)(C).
    Substantial evidence supports the BIA’s determination that Hernandez-
    Carranza has not established eligibility for any other form of relief or protection
    from removal. See 8 U.S.C. § 1229a(c)(4)(A).
    PETITION FOR REVIEW DENIED.
    2                                       12-73507
    

Document Info

Docket Number: 12-73507

Citation Numbers: 552 F. App'x 765

Judges: Canby, Paez, Silverman

Filed Date: 1/23/2014

Precedential Status: Non-Precedential

Modified Date: 8/31/2023