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Herrera-Magallanes v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 4, 2015
611 F. App'x 457 (9th Cir. 2015)

Opinion

No. 10-72053

08-04-2015

JUAN CARLOS HERRERA-MAGALLANES, AKA Juan Herrera, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-835-804 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, BEA, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Juan Carlos Herrera-Magallanes, 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 decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Espino-Castillo v. Holder, 770 F.3d 861, 863 (9th Cir. 2014). We deny the petition for review.

Herrera-Magallanes contends that his conviction for forgery under Arizona Revised Statutes § 13-2002 is divisible and is not categorically a crime involving moral turpitude. Herrera-Magallanes' contention is foreclosed by this court's holding in Espino-Castillo v. Holder, where this court concluded § 13-2002 "requires intent to defraud" and was not divisible because it is a "statute that proscribes only morally turpitudinous conduct." Id. at 864-65. Accordingly, the BIA correctly determined that a conviction for forgery under § 13-2002 is categorically a crime involving moral turpitude that renders Herrera-Magallanes statutorily ineligible for cancellation of removal. See 8 U.S.C. §§ 1101(f)(3), 1229b(b)(1)(B).

PETITION FOR REVIEW DENIED.


Summaries of

Herrera-Magallanes v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 4, 2015
611 F. App'x 457 (9th Cir. 2015)
Case details for

Herrera-Magallanes v. Lynch

Case Details

Full title:JUAN CARLOS HERRERA-MAGALLANES, AKA Juan Herrera, Petitioner, v. LORETTA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 4, 2015

Citations

611 F. App'x 457 (9th Cir. 2015)