Gumesindo Aranzazu-Garcia v. Eric H. Holder Jr., No. 08-72718 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 07 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GUMESINDO ARANZAZU-GARCIA, a.k.a. Gumecindo Aranzuza, a.k.a. Gumesindo Garcia, a.k.a. Gumesindo Garcia Aranzuza, No. 08-72718 Agency No. A017-264-686 MEMORANDUM * Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. * 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). Gumesindo Aranzazu-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir. 2005) (en banc), and we deny the petition for review. The IJ properly determined that Aranzazu-Garcia s conviction for violating Cal. Penal Code § 243.4(a), for which he was sentenced to at least one year imprisonment, constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). See Lisbey v. Gonzales, 420 F.3d 930, 933-34 (9th Cir. 2005). Aranzazu-Garcia is therefore removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii), and statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3). In light of our disposition, we need not reach Aranzazu-Garcia s remaining contention. PETITION FOR REVIEW DENIED. 2 08-72718

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