Antonio Campos-Toro v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUN 06 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ANTONIO CAMPOS-TORO, No. 09-71618 Petitioner, Agency No. A092-177-591 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. Antonio Campos-Toro, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. * 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). We review de novo questions of law, Cheuk Fung S-Yong v. Holder, 600 F.3d 1028, 1034 (9th Cir. 2010), and we deny the petition for review. The agency correctly determined that Campos-Toro’s 2006 conviction for violating California Penal Code § 273.5(a) is an aggravated felony crime of violence under 8 U.S.C. § 1101(a)(43)(F), where he was sentenced to a term of imprisonment of at least one year. See Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010) (a conviction under California Penal Code § 273.5(a) is categorically a crime of violence under 18 U.S.C. § 16(a)). Campos-Toro is therefore removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii), and statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3). PETITION FOR REVIEW DENIED. 2 09-71618