Jesus Gutierrez-Neyoy v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION AUG 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS MANUEL GUTIERREZ-NEYOY, No. 13-72979
AKA Jesus Manuel Guitierrez-Neyoy,
Agency No. A205-578-246
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Jesus Manuel Gutierrez-Neyoy, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision pretermitting his applications for
*
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).
cancellation of removal and voluntary departure. We have jurisdiction under 8
U.S.C. § 1252. We review de novo questions of law, Leal v. Holder, 771 F.3d
1140, 1144 (9th Cir. 2014), and deny the petition for review.
Gutierrez-Neyoy’s contention that his conviction for felony endangerment
under Arizona Revised Statutes § 13-1201(A) is not categorically a crime
involving moral turpitude is foreclosed by our decision in Leal v. Holder. Id. at
1146 (felony endangerment in Arizona is a crime involving moral turpitude).
Accordingly, the BIA did not err in determining that Gutierrez-Neyoy is statutorily
ineligible for cancellation of removal and voluntary departure. See 8 U.S.C.
§§ 1101(f)(3), 1229b(b)(1)(B), 1229c(b)(1)(B).
PETITION FOR REVIEW DENIED.
2 13-72979