FILED

NOT FOR PUBLICATION

FEB 13 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIER ALFONSO LUNA RIVERA, No. 17-72523

Petitioner, Agency No. A205-173-654

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 9, 2023** Pasadena, California

Before: SCHROEDER, TALLMAN, and IKUTA, Circuit Judges.

Javier Alfonso Luna Rivera seeks review of an order of the Board of

Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). denying his application for cancellation of removal. We have jurisdiction under 8

U.S.C. § 1252(a)(1), and we deny the petition.

The BIA did not err in concluding that Luna Rivera’s conviction under

Section 245(a)(1) of the California Penal Code was a crime involving moral

turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Safaryan v. Barr, 975

F.3d 976, 981 (9th Cir. 2020) (“[A] violation of § 245(a)(1) is categorically a

[CIMT].”).

Under 8 U.S.C. § 1229b(b)(1)(C), an alien who is convicted of certain

enumerated offenses, including a CIMT, 8 U.S.C. § 1182(a)(2)(A)(i)(I), is

“ineligible for cancellation of removal,” Barton v. Barr, 140 S. Ct. 1442, 1452

(2020), as we have confirmed on many occasions, see, e.g., Ballinas-Lucero v.

Garland, 44 F.4th 1169, 1173 (9th Cir. 2022); Diaz-Flores v. Garland, 993 F.3d

766, 773–74 (9th Cir. 2021).

Thus, because Luna Rivera’s conviction under Section 245(a)(1) was a

CIMT, he is ineligible for cancellation of removal.

PETITION DENIED.

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