Opinion
No. 14-72697
12-15-2015
ROBERTO FRANCISCO RAMOS-PEREZ, AKA Juan Gervacio, AKA Juan Gervacio Lucas, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A077-129-208 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Roberto Francisco Ramos-Perez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.
Ramos-Perez' contention that the agency erred and violated due process in allegedly pretermitting or denying his application for cancellation of removal is without merit. The record establishes that Ramos-Perez failed to apply for cancellation of removal and conceded through counsel that he was ineligible for such relief due to his 2002 conviction under Cal. Penal Code § 273.5(a). See Carrillo v. Holder, 781 F.3d 1155, 1157-60 (9th Cir. 2015) (Cal. Penal Code § 273.5(a) (2002) is categorically a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i)); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice).
PETITION FOR REVIEW DENIED.