Rafael Barajas-Arceo v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAFAEL BARAJAS-ARCEO, No. 08-74913
Petitioner, Agency No. A098-130-451
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Rafael Barajas-Arceo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C.
*
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).
§ 1252. We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992,
994 (9th Cir. 2009), and deny the petition for review.
Barajas-Arceo contends that his conviction under Cal. Health & Safety Code
§ 11352(a) does not render him ineligible for cancellation of removal under 8
U.S.C. § 1229b(b)(1)(C) because the statute of conviction encompasses solicitation
offenses and is therefore over-inclusive with respect to 8 U.S.C.
§§ 1182(a)(2)(A)(i)(II) and 1227(a)(2)(B)(i). This contention is foreclosed by
Mielewczyk, 575 F.3d at 996-98.
PETITION FOR REVIEW DENIED.
2 08-74913