Constantino Colorado Hernandez v. Jefferson Sessions , 712 F. App'x 712 ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CONSTANTINO COLORADO No. 15-72381
HERNANDEZ,
Agency No. A089-859-600
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Constantino Colorado Hernandez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ decision dismissing his appeal
from an immigration judge’s order denying cancellation of removal. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review de novo whether a conviction
constitutes a crime involving moral turpitude. Tall v. Mukasey, 517 F.3d 1115,
1119 (9th Cir. 2008). We deny the petition for review.
The agency did not err in determining that Colorado Hernandez’s
convictions under California Penal Code §§ 350(a)(1) and 647(b) are crimes
involving moral turpitude, and therefore that he is ineligible for cancellation of
removal. See 8 U.S.C. § 1229b(b)(1)(C) (aliens convicted of crimes involving
moral turpitude are not eligible for cancellation of removal). We are not persuaded
by Colorado Hernandez’s contentions that precedent establishing his convictions
are crimes involving moral turpitude do not control. In Tall v. Mukasey, 517 F.3d
1115 (9th Cir. 2008), the court held that a conviction under California Penal Code
§ 350(a), including all subsections, is a crime involving moral turpitude, and in
Rohit v. Holder, 670 F.3d 1085 (9th Cir. 2012), the court analyzed only whether
California Penal Code § 647(b) is a crime involving moral turpitude,
notwithstanding any related crimes.
We do not address Colorado Hernandez’s contentions that Tall and Rohit
were wrongly decided, because a three-judge panel lacks authority to overrule
prior precedent. See De Mercado v. Mukasey, 566 F.3d 810, 816 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 15-72381