Ruano-Sandoval v. Holder ( 2011 )

FILED
NOT FOR PUBLICATION FEB 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMON RUANO-SANDOVAL, No. 05-71698
Petitioner, Agency No. A035-792-393
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Ramon Ruano-Sandoval, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de
*
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).
novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.
2009), and we deny the petition for review.
The agency properly determined that Ruano-Sandoval is removable as an
alien convicted of a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i)
based on his 1997 conviction for violating California Penal Code § 273.5(a). See
Banuelos-Ayon v. Holder, 611 F.3d 1080, 1086 (9th Cir. 2010); see also
Cisneros-Perez v. Gonzales, 465 F.3d 386, 390 (9th Cir. 2006) (petty offense
exception does not apply to crimes of domestic violence).
Because Ruano-Sandoval’s 1986 conviction for possession of marijuana for
sale in violation of California Health & Safety Code § 11359 constitutes an
aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(B), see Rendon v. Mukasey,
520 F.3d 967, 975-76 (9th Cir. 2008), the agency did not err in concluding that he
was statutorily ineligible for a waiver of inadmissibility under section 212(h) of the
Immigration and Nationality Act. See Becker v. Gonzales, 473 F.3d 1000, 1004
(9th Cir. 2007); Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054-55 (9th Cir.
2005)
As these two convictions render Ruano-Sandoval removable and ineligible
for relief, we do not reach his remaining contentions.
PETITION FOR REVIEW DENIED.
2 05-71698