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Lopez v. Holder

United States Court of Appeals, Ninth Circuit
Oct 25, 2010
400 F. App'x 302 (9th Cir. 2010)

Opinion

No. 08-72204.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 25, 2010.

Martin Ramirez Lopez, Norwalk, CA, pro se.

District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OIL, Aliza Bessie Alyeshmerni, Richard M. Evans, Esquire, Assistant Director, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A075-576-915.

Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.



MEMORANDUM

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

Martin Ramirez Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's order denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review.

Ramirez Lopez's contention that his conviction for violating Cal.Penal Code § 273.5(a) is not a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i) because the statute of conviction encompasses minor injuries is foreclosed by Banuelos-Ayon v. Holder, 611 F.3d 1080, 1086 (9th Cir. 2010). Ramirez Lopez is therefore statutorily ineligible for cancellation of removal. 8 U.S.C. § 1229b(b).

PETITION FOR REVIEW DENIED.


Summaries of

Lopez v. Holder

United States Court of Appeals, Ninth Circuit
Oct 25, 2010
400 F. App'x 302 (9th Cir. 2010)
Case details for

Lopez v. Holder

Case Details

Full title:Martin RAMIREZ LOPEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 25, 2010

Citations

400 F. App'x 302 (9th Cir. 2010)