DocketNumber: 11-72137
Citation Numbers: 513 F. App'x 660
Judges: Pregerson, Reinhardt, Fletcher
Filed Date: 3/21/2013
Status: Non-Precedential
Modified Date: 10/19/2024
FILED NOT FOR PUBLICATION MAR 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE MAURICIO SALAZAR- No. 11-72137 CARRANZA, a.k.a. Joe Salazar, Jr., Agency No. A023-075-675 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Jose Mauricio Salazar-Carranza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying * 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). his motion to reopen removal proceedings. Our jurisdiction is governed by8 U.S.C. § 1252
. We dismiss the petition for review. We lack jurisdiction to review the BIA’s order because Salazar-Carranza is removable for an aggravated felony crime of violence based on his conviction for second-degree robbery in violation of California Penal Code § 211. See8 U.S.C. § 1252
(a)(2)(C); United States v. McDougherty,920 F.2d 569
, 573-74 (9th Cir. 1990) (conviction under California Penal Code § 211 is categorically a crime of violence). Salazar-Carranza’s challenge to the BIA’s denial of his motion to reopen so that he may pursue post-conviction relief does not raise a colorable constitutional claim that would restore our jurisdiction under8 U.S.C. § 1252
(a)(2)(D). See Planes v. Holder,652 F.3d 991
, 996 (9th Cir. 2011) (a conviction is final for immigration purposes where a judgment of guilt has been entered and a punishment imposed, even where an appeal or collateral attack is pending). PETITION FOR REVIEW DISMISSED. 2 11-72137