Ruano-Sandoval, et al v. Holder, No. 05-71698 (9th Cir. 2011)

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FILED FEB 28 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAMON RUANO-SANDOVAL, Petitioner, No. 05-71698 Agency No. A035-792-393 v. MEMORANDUM * 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. Ramon Ruano-Sandoval, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de * 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). novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review. The agency properly determined that Ruano-Sandoval is removable as an alien convicted of a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i) based on his 1997 conviction for violating California Penal Code § 273.5(a). See Banuelos-Ayon v. Holder, 611 F.3d 1080, 1086 (9th Cir. 2010); see also Cisneros-Perez v. Gonzales, 465 F.3d 386, 390 (9th Cir. 2006) (petty offense exception does not apply to crimes of domestic violence). Because Ruano-Sandoval s 1986 conviction for possession of marijuana for sale in violation of California Health & Safety Code § 11359 constitutes an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(B), see Rendon v. Mukasey, 520 F.3d 967, 975-76 (9th Cir. 2008), the agency did not err in concluding that he was statutorily ineligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act. See Becker v. Gonzales, 473 F.3d 1000, 1004 (9th Cir. 2007); Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054-55 (9th Cir. 2005) As these two convictions render Ruano-Sandoval removable and ineligible for relief, we do not reach his remaining contentions. PETITION FOR REVIEW DENIED. 2 05-71698

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