Jose Salazar-Carranza v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE MAURICIO SALAZAR- No. 11-72137 CARRANZA, a.k.a. Joe Salazar, Jr., Agency No. A023-075-675 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Jose Mauricio Salazar-Carranza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying * 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). his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the BIA’s order because Salazar-Carranza is removable for an aggravated felony crime of violence based on his conviction for second-degree robbery in violation of California Penal Code § 211. See 8 U.S.C. § 1252(a)(2)(C); United States v. McDougherty, 920 F.2d 569, 573-74 (9th Cir. 1990) (conviction under California Penal Code § 211 is categorically a crime of violence). Salazar-Carranza’s challenge to the BIA’s denial of his motion to reopen so that he may pursue post-conviction relief does not raise a colorable constitutional claim that would restore our jurisdiction under 8 U.S.C. § 1252(a)(2)(D). See Planes v. Holder, 652 F.3d 991, 996 (9th Cir. 2011) (a conviction is final for immigration purposes where a judgment of guilt has been entered and a punishment imposed, even where an appeal or collateral attack is pending). PETITION FOR REVIEW DISMISSED. 2 11-72137