Maria Perez-Vazquez v. Eric Holder, Jr. , 469 F. App'x 588 ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             FEB 27 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    MARIA GUADALUPE PEREZ-                           No. 10-71858
    VAZQUEZ,
    Agency No. A089-621-105
    Petitioner,
    v.                                             MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted February 17, 2012 **
    San Francisco, California
    Before: TASHIMA and SILVERMAN, Circuit Judges, and ADELMAN, District
    Judge.***
    Maria Guadalupe Perez-Vazquez petitions for review of a final order of
    removal denying cancellation of removal. The Board of Immigration Appeals held
    *
    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).
    ***
    The Honorable Lynn S. Adelman, United States District Judge for the
    Eastern District of Wisconsin, sitting by designation.
    that Perez-Vazquez’s 2002 California Welfare and Institutions Code § 10980(c)(2)
    “felony” welfare fraud conviction was an adverse factor that weighed against good
    moral character under the “catchall” sentence of 
    8 U.S.C. § 1101
    (f).1 However, the
    conviction was not a felony. It was reduced to a misdemeanor at sentencing
    pursuant to California Penal Code § 17(b)(3). The Board was bound by the state’s
    characterization of the crime as a misdemeanor. Garcia-Lopez v. Ashcroft, 
    334 F.3d 840
    , 845 (9th Cir. 2003). Therefore, we remand for the BIA to reconsider its
    good moral character determination.2
    PETITION GRANTED AND REMANDED.
    1
    The “catchall” provides, “[t]he fact that any person is not within any of the
    foregoing classes shall not preclude a finding that for other reasons such person is
    or was not of good moral character.” 
    Id.
    2
    We decline to consider the remaining arguments made by petitioner and the
    government. Moreover, the scope of our review is limited to the grounds actually
    relied on by the BIA. See Santiago-Rodriguez v. Holder, 
    657 F.3d 820
    , 829 (9th
    Cir. 2011).
    2
    

Document Info

Docket Number: 10-71858

Citation Numbers: 469 F. App'x 588

Judges: Adelman, Silverman, Tashima

Filed Date: 2/27/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023