Gil v.Holder Jr., No. 08-74371 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, challenged a decision of the BIA denying him cancellation of removal and voluntary departure. At issue was whether the BIA erred in determining that petitioner was ineligible for cancellation of removal because his convictions for carrying a concealed weapon under California Penal Code 12025(a) did not constitute a removable firearms offense under 8 U.S.C. 1227(a)(2)(C). Also at issue was whether the BIA erred in denying petitioner voluntary departure because the denial was based on his criminal conviction under section 12025(a) and that conviction did not render him ineligible for voluntary departure. The court held that a conviction under section 12025(a) was categorically a "firearms offense" under section 1227(a)(2)(C) and therefore, the BIA properly held that petitioner was statutorily ineligible for cancellation of removal. The court dismissed petitioner's second ground for appeal because it found that the BIA's denial of voluntary departure was a matter of discretion and the court lacked jurisdiction to review such a discretionary decision. Accordingly, the court denied in part and dismissed in part.
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