Javier Luna Rivera v. Merrick Garland ( 2023 )

FILED
NOT FOR PUBLICATION
FEB 13 2023
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER ALFONSO LUNA RIVERA, No. 17-72523
Petitioner, Agency No. A205-173-654
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 9, 2023**
Pasadena, California
Before: SCHROEDER, TALLMAN, and IKUTA, Circuit Judges.
Javier Alfonso Luna Rivera seeks review of an order of the Board of
Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ)
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
denying his application for cancellation of removal. We have jurisdiction under 8
U.S.C. § 1252(a)(1), and we deny the petition.
The BIA did not err in concluding that Luna Rivera’s conviction under
Section 245(a)(1) of the California Penal Code was a crime involving moral
turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Safaryan v. Barr, 975
F.3d 976, 981 (9th Cir. 2020) (“[A] violation of § 245(a)(1) is categorically a
[CIMT].”).
Under 8 U.S.C. § 1229b(b)(1)(C), an alien who is convicted of certain
enumerated offenses, including a CIMT, 8 U.S.C. § 1182(a)(2)(A)(i)(I), is
“ineligible for cancellation of removal,” Barton v. Barr, 140 S. Ct. 1442, 1452
(2020), as we have confirmed on many occasions, see, e.g., Ballinas-Lucero v.
Garland, 44 F.4th 1169, 1173 (9th Cir. 2022); Diaz-Flores v. Garland, 993 F.3d
766, 773–74 (9th Cir. 2021).
Thus, because Luna Rivera’s conviction under Section 245(a)(1) was a
CIMT, he is ineligible for cancellation of removal.
PETITION DENIED.
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