Siordia

Siordia v. Holder

Good Law
346 F. App'x 272
United States Court of Appeals for the Ninth CircuitOctober 1, 2009No. 06-70448California212 words

Opinion

Lead Opinion

MEMORANDUM **

Jaime Gutierrez Siordia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) decision pretermitting his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo constitutional questions and questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we deny the petition for review.

The BIA did not err in determining that petitioner failed to establish eligibility for cancellation of removal because he was convicted of two crimes involving moral turpitude (“CIMTs”). See 8 U.S.C. § 1229b(b)(1)(C). Contrary to petitioner’s contentions, the “petty offense” exception does not apply because, in the inadmissibility context, CIMTs are not subject to the “single scheme” limitation. See 8 U.S.C. § 1182 (a)(2)(A)(i)-(ii); compare 8 U.S.C. § 1227 (a)(2)(A)(ii).

Petitioner’s due process claims regarding testimony about his convictions and the transcript of a master calendar hearing fail because he has not established prejudice. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000)…

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