Opinion
No. 18-70102
07-17-2019
GREGORIO TORRES-PEREZ, AKA Gregorio Torres, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A208-362-631 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Gregorio Torres-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision pretermitting his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The agency did not err or violate due process in pretermitting Torres-Perez's application for cancellation of removal based on his conviction for a crime of domestic violence, where the record established that he had been convicted under California Penal Code § 273.5(a). See 8 U.S.C. §§ 1229b(b)(1)(C), 1227(a)(2)(E)(i) (specifying crimes of domestic violence as barring eligibility for cancellation); Carrillo v. Holder, 781 F.3d 1155, 1159-60 (9th Cir. 2015) (holding that § 273.5(a) is categorically a crime of domestic violence); 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).
Torres-Perez's contentions that the agency violated due process in not allowing him to file a brief regarding eligibility for cancellation of removal, or otherwise consider whether he qualifies for a domestic violence waiver under 8 U.S.C. § 1227(a)(7), fail for lack of prejudice. See Lata, 204 F.3d at 1246.
Torres-Perez's motion for summary disposition or remand (Docket Entry No. 16) is denied. See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appear need not include time and date information to vest jurisdiction in the immigration court).
PETITION FOR REVIEW DENIED.