Ignacio Gonzalez Quinonez v. Loretta E. Lynch

MEMORANDUM

Ignacio Gonzalez Quinonez petitions for review of the Board of Immigration Appeals’s (BIA) decision finding him removable for having been convicted of two crimes involving moral turpitude (CIMTs), 8 U.S.C. § 1227 (a)(2)(A)(ii), and an aggravated felony, 8 U.S.C. § 1227 (a)(2)(A)(iii); 8 U.S.C. § 1101 (a)(43)(F), and pretermi-ting his applications for cancellation of removal, 8 U.S.C. § 1229b(a), and under former section 212(c), 8 U.S.C. § 1182 (c). We deny the petition.

1. As the government concedes, the BIA’s pretermission of 212(c) relief based on the lack of a “statutory counterpart in the grounds of inadmissability” was erroneous. See Judulang v. Holder, — U.S. -, 132 S.Ct. 476 , 181 L.Ed.2d 449 (2011).

2. Remand would be futile. Gonzalez admitted that he had been convicted in 2009 for a violation of California Penal Code § 422 and in 2011 for a violation of California Penal Code § 647(b). The Immigration Judge (IJ) found the convictions established by clear and convincing evidence, and Gonzalez did not challenge that conclusion before the BIA.

We have held that convictions under both statutes are categorically CIMTs. See Rohit v. Holder, 670 F.3d 1085 (9th…