Jose Alcantar-Navarro v. Eric Holder, Jr., No. 09-71934 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE DE JESUS ALCANTARNAVARRO, a.k.a. Jose Navarro, a.k.a. Jaime Pimental, a.k.a. Jose Alcantar Navarro, No. 09-71934 Agency No. A037-442-639 MEMORANDUM * Petitioner, v. 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. Jose de Jesus Alcantar-Navarro, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) decision denying his application for * 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). cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss the petition for review. Alcantar-Navarro has not challenged the BIA s determination that he is removable under 8 U.S.C. § 1227(a)(2)(B)(i) (conviction for violation of law related to a controlled substance) and (a)(2)(C) (certain firearms offenses). We need not consider Alcantar-Navarro s contention that his convictions are not aggravated felonies, because the BIA stated that the crimes were not aggravated felonies. We lack jurisdiction to review the BIA s discretionary decision denying cancellation of removal. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Alcantar-Navarro s remaining contentions are unpersuasive. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 09-71934

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