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NOT FOR PUBLICATION DEC 15 2015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