Rafael Barajas-Arceo v. Eric H. Holder Jr., No. 08-74913 (9th Cir. 2010)

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FILED SEP 27 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAFAEL BARAJAS-ARCEO, Petitioner, No. 08-74913 Agency No. A098-130-451 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. Rafael Barajas-Arceo, 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. We have jurisdiction pursuant to 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, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir. 2009), and deny the petition for review. Barajas-Arceo contends that his conviction under Cal. Health & Safety Code § 11352(a) does not render him ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1)(C) because the statute of conviction encompasses solicitation offenses and is therefore over-inclusive with respect to 8 U.S.C. §§ 1182(a)(2)(A)(i)(II) and 1227(a)(2)(B)(i). This contention is foreclosed by Mielewczyk, 575 F.3d at 996-98. PETITION FOR REVIEW DENIED. 2 08-74913

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