OSCAR ROJAS-GALVEZ V. LORETTA E. LYNCH, No. 13-73362 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 15 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR ROJAS-GALVEZ, Petitioner, No. 13-73362 Agency No. A070-563-284 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Oscar Rojas-Galvez, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s (“DHS”) final administrative removal order finding Rojas-Galvez removable as an alien convicted of an aggravated felony, after conducting an expedited removal proceeding 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). § 1228(b). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir. 2004). We deny the petition for review. Rojas-Galvez does not challenge DHS’s finding that he is removable for having been convicted of an aggravated felony under 8 U.S.C. § 1101(a)(43)(B). Rojas-Galvez’s due process claims fail, where the record indicates he was advised of his rights but refused to sign the Form I-851, Notice of Intent to Issue a Final Administrative Order, see Kohli v. Gonzales, 473 F.3d 1061, 1068 (9th Cir. 2007) (applying a presumption of regularity regarding the official acts of public officers), and where he is statutorily barred from adjustment of status, see 8 U.S.C. § 1228(b)(5) (“No alien described in this section [pertaining to the expedited removal of aliens convicted of aggravated felonies] shall be eligible for any relief from removal that the Attorney General may grant in the Attorney General’s discretion.”); 8 U.S.C.§ 1255(a) (adjustment of status is discretionary); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim). PETITION FOR REVIEW DENIED. 2 13-73362