Wendy Colima Arroyo v. Eric Holder, Jr. , 550 F. App'x 408 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WENDY COLIMA ARROYO, No. 12-72833
Petitioner, Agency No. A072-239-919
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Wendy Colima Arroyo, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.
*
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).
Morales-Alegria v. Gonzalez, 449 F.3d 1051, 1053 (9th Cir. 2006). We deny the
petition for review.
The BIA correctly concluded that Colima Arroyo’s conviction under
California Penal Code § 476, which resulted in a one–year prison sentence,
constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43)(R) that renders her
statutorily ineligible to seek cancellation of removal. See 8 U.S.C. § 1229b(a)(3);
see also Morales-Alegria, 449 F.3d at 1058 (a conviction under California Penal
Code § 476 is categorically a forgery offense).
Colima Arroyo’s challenge to this court’s decision in Morales-Alegria also
fails. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011) (A three–judge
panel cannot reconsider or overrule circuit precedent with exceptions not relevant
here).
PETITION FOR REVIEW DENIED.
2 12-72833