FILED
NOT FOR PUBLICATION MAY 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICTOR ALEXANDER LOPEZ- No. 14-72464
MARTINEZ, AKA Victor A. Lopez, AKA
Victor Alexander Lopez, AKA Lopez- Agency No. A205-319-067
Hernandez, AKA Juan Jose Lopez-
Martinez, AKA Maynor Martinez-Ropalo,
MEMORANDUM*
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Victor Alexander Lopez-Martinez, a native and citizen of Honduras,
petitions for review of the Board of Immigration Appeals’ order dismissing his
*
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).
appeal from an immigration judge’s decision finding him removable and statutorily
ineligible for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252.
We review de novo questions of law. Coronado v. Holder, 759 F.3d 977, 982 (9th
Cir. 2014). We deny the petition for review.
The agency correctly concluded that Lopez-Martinez was ineligible for
cancellation of removal based on his conviction for a crime of domestic violence
under 8 U.S.C. § 1227(a)(2)(E)(i), where the record established that he had been
convicted under California Penal Code § 273.5. See 8 U.S.C. § 1229b(b)(1)(C)
(specifying classes of criminal convictions that preclude a grant of cancellation of
removal); Carrillo v. Holder, 781 F.3d 1155, 1159 (9th Cir. 2015) (“[California
Penal Code] § 273.5 is categorically a crime of domestic violence within the
meaning of 8 U.S.C. § 1227(a)(2)(E)(i)”); 8 C.F.R. § 1003.41(d) (in addition to the
conviction documents enumerated in the regulation, “[a]ny other evidence that
reasonably indicates the existence of a criminal conviction may be admissible as
evidence thereof”). Lopez-Martinez’s contention that the conviction documents
admitted as evidence did not establish his relationship to the victim is without
merit because his conviction is categorically a crime of domestic violence. See
Carrillo, 781 F.3d at 1159.
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In light of our disposition, we do not reach Lopez-Martinez’s contention
regarding the burden of proof where the record of conviction is inconclusive.
PETITION FOR REVIEW DENIED.
3 14-72464