Lopez-Ruiz v. Holder

FILED NOT FOR PUBLICATION MAR 24 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT IGNACIO LOPEZ-RUIZ, No. 07-72938 Petitioner, Agency No. A019-137-423 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges. Ignacio Lopez-Ruiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s denial of his application for cancellation of removal. We have * 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). TL/Research jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law. Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir. 2004). We deny the petition for review. Lopez-Ruiz’s contention that his conviction under Cal. Health & Safety Code § 11358 is not an aggravated felony is foreclosed by United States v. Reveles-Espinoza, 522 F.3d 1044, 1047-48 (9th Cir. 2008). The agency properly concluded that Lopez-Ruiz was not eligible for cancellation of removal. 8 U.S.C. § 1229b(a)(3). PETITION FOR REVIEW DENIED. TL/Research 2 07-72938