Roberto Ramos-Perez v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION DEC 15 2015

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERTO FRANCISCO RAMOS- No. 14-72697
PEREZ, AKA Juan Gervacio, AKA Juan
Gervacio Lucas, Agency No. A077-129-208

Petitioner,
MEMORANDUM*
v.

LORETTA E. LYNCH, Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted December 9, 2015**

Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

Roberto Francisco Ramos-Perez, a native and citizen of Guatemala, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his

appeal from an immigration judge’s (“IJ”) decision denying his application 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).
voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review de

novo questions of law and constitutional claims, Mohammed v. Gonzales, 400 F.3d

785, 791-92 (9th Cir. 2005), and we deny the petition for review.

Ramos-Perez’ contention that the agency erred and violated due process in

allegedly pretermitting or denying his application for cancellation of removal is

without merit. The record establishes that Ramos-Perez failed to apply for

cancellation of removal and conceded through counsel that he was ineligible for

such relief due to his 2002 conviction under Cal. Penal Code § 273.5(a). See

Carrillo v. Holder, 781 F.3d 1155, 1157-60 (9th Cir. 2015) (Cal. Penal Code

§ 273.5(a) (2002) is categorically a crime of domestic violence under 8 U.S.C.

§ 1227(a)(2)(E)(i)); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on

a due process challenge, an alien must show error and prejudice).

PETITION FOR REVIEW DENIED.

2 14-72697