FILED
NOT FOR PUBLICATION JAN 23 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR HERNANDEZ-CARRANZA, No. 12-73507
Petitioner, Agency No. A095-745-118
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Cesar Hernandez-Carranza, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s order of removal. We have jurisdiction under
8 U.S.C. § 1252. We review de novo questions of law and review for substantial
*
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).
evidence factual determinations. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111
(9th Cir. 2011). We deny the petition for review.
Hernandez-Carranza does not dispute that his conviction for grand
theft/embezzlement under California Penal Code § 487(a)/508 with a 214-day
sentence is a crime involving moral turpitude. This conviction is final for
immigration purposes, and the validity of this conviction is not properly before us.
See Planes v. Holder, 652 F.3d 991, 996 (9th Cir. 2011); Ramirez-Villalpando v.
Holder, 645 F.3d 1035, 1041 (9th Cir. 2010) (“A petitioner may not collaterally
attack his state court conviction on a petition for review of a BIA decision.”).
Accordingly, the BIA correctly determined that Hernandez-Carranza is statutorily
ineligible for cancellation of removal due to his conviction. See 8 U.S.C.
§§ 1182(a)(2)(A)(i)(I), 1229b(b)(1)(C).
Substantial evidence supports the BIA’s determination that Hernandez-
Carranza has not established eligibility for any other form of relief or protection
from removal. See 8 U.S.C. § 1229a(c)(4)(A).
PETITION FOR REVIEW DENIED.
2 12-73507