Ana Ramirez-Gomez v. Loretta E. Lynch

MEMORANDUM

Ana Ramirez-Gomez, a native and citizen of Mexico, petitions for review of the dismissal by the Board of Immigration Appeals (“BIA”) of her appeal of an order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . “We review ‘constitutional and other questions of law de novo.’ ” Bojnoordi v. Holder, 757 F.3d 1075, 1077 (9th Cir. 2014) (quoting Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009)).

In 2004, Ramirez-Gomez pleaded guilty to infliction of corporal injury on a spouse or cohabitant, in violation of California Penal Code section 273.5. In 2012, Ramirez-Gomez pleaded guilty to assault with a deadly weapon in violation of California Penal Code section 245(a)(1). In ordering Ramirez-Gomez removed, the immigration judge (“IJ”) relied only on her 2004 conviction pursuant to 8 U.S.C. § 1227 (a)(2)(E)(i) (providing that an alien “convicted of a crime of domestic violence” is removable). On appeal, Ramirez-Gomez challenges the domestic violence conviction underlying the removal order. She argues that the warning she received as to the immigration consequences of her conviction, pursuant to California Penal Code section 1016.5, was inadequate. Section 1016.5(a)…