Gonzales-Solis v. Holder , 389 F. App'x 733 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 29 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
CESAR GONZALES-SOLIS, a.k.a Cesar Nos. 08-70381
Gonzales, 09-70014
Petitioner, Agency No. A091-752-808
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
In these consolidated petitions for review, Cesar Gonzales-Solis, a native
and citizen of Guatemala, petitions pro se for review of the Board of Immigration
Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s
decision denying relief from removal, and denying his motion to reopen. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and due
process claims, Ram v. Mukasey, 529 F.3d 1238, 1241 (9th Cir. 2008), and review
for substantial evidence the BIA’s denial of deferral of removal under the
Convention Against Torture (“CAT”), Lemus-Galvan v. Mukasey, 518 F.3d 1081,
1084 (9th Cir. 2008). We deny the petitions for review.
Gonzales-Solis’ 2004 conviction for delivery of cocaine is an aggravated
felony, see 8 U.S.C. § 1101(a)(43)(B); Rendon v. Mukasey, 520 F.3d 967, 974-75
(9th Cir. 2008) (state drug crime is an aggravated felony if it contains a trafficking
element), rendering him ineligible for asylum, withholding of removal,
withholding under the CAT, and cancellation of removal, see Rendon, 520 F.3d at
976; 8 C.F.R. § 1208.16(c)(4), (d)(2).
Substantial evidence supports the BIA’s denial of deferral of removal under
the CAT on the ground that Gonzales-Solis did not establish it is more likely than
not he would be tortured if returned to Guatemala. See 8 C.F.R. §§ 1208.16(c)(2)-
(3), 1208.17(a) (deferral of removal requires alien to show it is more likely than
not he would be tortured).
Gonzales-Solis’ due process claims fail because he has not established
prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (requiring
prejudice to prevail on a due process challenge).
2 08-70381/09-70014
Gonzales-Solis has waived any challenge to the BIA’s denial of his motion
to reopen as untimely. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996).
The government’s motion to dismiss is denied.
PETITIONS FOR REVIEW DENIED.
3 08-70381/09-70014