Francisco Orea-Barbosa v. Eric H. Holder Jr., No. 08-73401 (9th Cir. 2010)

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FILED NOV 02 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANCISCO JAVIER OREABARBOSA, No. 08-73401 Agency No. A094-811-279 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Francisco Javier Orea-Barbosa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, * 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). Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review. The agency properly concluded that Orea-Barbosa was statutorily ineligible for cancellation of removal because his conviction constituted a crime of domestic violence. Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010) (conviction under California Penal Code § 273.5 categorically a crime of violence). His remaining contentions are unavailing. See Vasquez-Hernandez v. Holder, 590 F.3d 1053, 1056-57 (9th Cir. 2010); see also Sanchez v. Holder, 560 F.3d 1028, 1032 (9th Cir. 2009) ( A statute giving the Attorney General discretion to grant relief from inadmissibility does not give the Attorney General discretion to grant relief from removal. ) (emphasis in original). PETITION FOR REVIEW DENIED. 2 08-73401

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