Jose Salazar-Carranza v. Eric Holder, Jr. , 513 F. App'x 660 ( 2013 )

FILED
NOT FOR PUBLICATION MAR 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE MAURICIO SALAZAR- No. 11-72137
CARRANZA, a.k.a. Joe Salazar, Jr.,
Agency No. A023-075-675
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jose Mauricio Salazar-Carranza, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
his motion to reopen removal proceedings. Our jurisdiction is governed by 8
U.S.C. § 1252. We dismiss the petition for review.
We lack jurisdiction to review the BIA’s order because Salazar-Carranza is
removable for an aggravated felony crime of violence based on his conviction for
second-degree robbery in violation of California Penal Code § 211. See 8 U.S.C.
§ 1252(a)(2)(C); United States v. McDougherty, 920 F.2d 569, 573-74 (9th Cir.
1990) (conviction under California Penal Code § 211 is categorically a crime of
violence).
Salazar-Carranza’s challenge to the BIA’s denial of his motion to reopen so
that he may pursue post-conviction relief does not raise a colorable constitutional
claim that would restore our jurisdiction under 8 U.S.C. § 1252(a)(2)(D). See
Planes v. Holder, 652 F.3d 991, 996 (9th Cir. 2011) (a conviction is final for
immigration purposes where a judgment of guilt has been entered and a
punishment imposed, even where an appeal or collateral attack is pending).
PETITION FOR REVIEW DISMISSED.
2 11-72137