Juan Rivera-Cerezo v. Eric H. Holder Jr.

MEMORANDUM

Juan Carlos Rivera-Cerezo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Cheuk Fung S-Yong v. Holder, 600 F.3d 1028, 1034 (9th Cir.2010), and we deny the petition for review.

The agency correctly determined that Rivera-Cerezo’s 2006 conviction for violating California Penal Code § 273.5(a) is an aggravated felony crime of violence under 8 U.S.C. § 1101 (a)(43)(F), where he was actually sentenced to a term of imprisonment of at least one year. See Banuelos- Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir.2010) (a conviction under Cal.Penal Code § 273.5(a) is categorically a crime of violence under 18 U.S.C. § 16 (a)). Rivera-Cerezo’s contention that the two-year sentence he incurred cannot be attributed to his offense for the purposes of 8 U.S.C. § 1101 (a)(43)(F) is unpersuasive. The agency therefore did not err in concluding that Rivera-Cerezo was statutorily ineligible for cancellation of removal. See 8 U.S.C. §…