Claudio Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Claudio Alberto Gutierrez, a native and citizen of Argentina, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying Gutierrez’s application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . See Planes v. Holder, 652 F.3d 991, 999 (9th Cir.2011). We review de novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.2009), and review for substantial evidence continuous-residence determinations, see Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The BIA correctly determined that Gutierrez is removable under 8 U.S.C. § 1227 (a)(2)(A)(ii) due to his convictions for violating sections 484 and 666 of the California Penal Code, because the petty-theft offenses underlying his convictions categorically constitute two crimes involving moral turpitude that did not arise out of the same scheme of criminal misconduct. See Castillo-Cruz, 581 F.3d at 1160 (observing that petty theft under California law is categorically a crime involving moral turpitude). The…