Sohal-Kulvinder, et al v. Holder, No. 07-72554 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 23 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SINGH H. SOHAL-KULVINDER, Petitioner, No. 07-72554 Agency No. A092-954-169 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Singh H. Sohal-Kulvinder, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals order summarily affirming an immigration judge s ( IJ ) removal order. We have jurisdiction under 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, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny the petition for review. The IJ properly determined that Sohal-Kulvinder was removable under 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct. See Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1020 (9th Cir. 2005) ( [C]rimes of theft or larceny are crimes involving moral turpitude. ). A waiver for this ground of removability was unavailable to Sohal-Kulvinder. See Aguilar-Ramos v. Holder, 594 F.3d 701, 706 (9th Cir. 2010); Garcia-Jimenez v. Gonzales, 488 F.3d 1082, 1086 (9th Cir. 2007) (an alien cannot receive both cancellation of removal and § 212(c) relief). Sohal-Kulvinder s remaining contention is not persuasive. PETITION FOR REVIEW DENIED. 2 07-72554

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