Sosa-Garcia v. Holder

FILED NOT FOR PUBLICATION DEC 07 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELOY ARSENIO SOSA-GARCIA, No. 05-72421 Petitioner, Agency No. A036-047-850 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Eloy Arsenio Sosa-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming 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 finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). JTK/Research § 1252. We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir. 2005), and we deny the petition for review. Sosa-Garcia does not challenge that he was convicted of a crime of domestic violence, rendering him removable under 8 U.S.C. § 1227(a)(2)(E)(i). Sosa- Garcia’s contention that the petty offense exception found in 8 U.S.C. § 1182(a)(2)(A)(ii)(II) is applicable to the ground of removability in 8 U.S.C. § 1227(a)(2)(E)(i) is without merit. We need not reach his challenges to the agency’s two alternative grounds for removability. Sosa-Garcia’s remaining contentions are not persuasive. PETITION FOR REVIEW DENIED. JTK/Research 2 05-72421