Fermin Perez-Sanchez v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Fermín Perez-Sanchez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s removal order and denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, for substantial evidence the agency’s factual findings, and for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA correctly determined that Perez-Sanchez’s conviction under California Penal Code § 278.5(a) constituted an aggravated felony crime of violence under 8 U.S.C. § 1101 (a)(43)(F) that rendered him removable. See 8 U.S.C. § 1227 (a)(2) (A) (iii); Banuelos-Ayon v. Holder, 611 F.3d 1080,1083 (9th Cir.2010). Perez-Sanchez is ineligible for asylum and cancellation of removal due to the aggravated felony conviction. See 8 U.S.C. §§ 1158 (b)(2)(A)(ii), B(i), 1229b(a)(3).

The agency applied the proper legal standard as set forth in Matter of Frentescu, 18 I. & N. Dec. 244, 247 , 1982 WL 190682 (BIA…