FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ALBERTO GUTIERREZ- No. 10-73838
CERVERA,
Agency No. A091-943-917
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Jose Alberto Gutierrez-Cervera, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.
*
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).
§ 1252. We review de novo questions of law. Szalai v. Holder, 572 F.3d 975,
978-79 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.
The agency properly concluded that Gutierrez-Cervera is removable under 8
U.S.C. § 1227(a)(2)(E)(ii) where he was convicted twice under Cal. Penal Code
§ 273.6(a) for knowingly and intentionally violating a protection order. See
Alanis-Alvarado v. Holder, 558 F.3d 833, 839-40 (9th Cir. 2009) (state court need
not find that alien actually had engaged in violent, threatening, or harassing
behavior, but that alien violated “the portion of a protection order that involves
protection against” violence, threats, or harassment).
We lack jurisdiction to review the agency’s denial of cancellation of removal
as a matter of discretion. See 8 U.S.C. § 1252(a)(2)(B)(i).
Respondent’s motion to strike Exhibit A from Gutierrez-Cervera’s opening
brief is granted. See 8 U.S.C. § 1252(b)(4).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-73838