Luis Bernal Gomez v. Loretta Lynch , 671 F. App'x 967 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALONSO BERNAL GOMEZ, No. 15-71326
Petitioner, Agency No. A092-428-063
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Luis Alonso Bernal Gomez, 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
*
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).
questions of law, Lopez-Jacuinde v. Holder, 600 F.3d 1215, 1217 (9th Cir. 2010),
and deny the petition for review.
The agency properly concluded that Bernal Gomez’ conviction under
California Health & Safety Code (“CHSC”) § 11383(c)(1) was a drug trafficking
aggravated felony that rendered him ineligible for cancellation of removal. See
Lopez-Jacuinde, 600 F.3d at 1217-19 (a conviction under CHSC § 11383(c)(1) is
categorically a drug trafficking aggravated felony under 8 U.S.C.
§ 1101(a)(43)(B)); 8 U.S.C. § 1229b(a)(3) (a conviction for an aggravated felony
renders an applicant ineligible for cancellation of removal).
Bernal Gomez contends that this court’s decision in Lopez-Jacuinde v.
Holder was wrongly decided, but in the absence of an intervening Supreme Court
or en banc decision, “[a] three-judge panel cannot reconsider or overrule circuit
precedent.” Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).
PETITION FOR REVIEW DENIED.
2 15-71326