TORRES PEREZ v. BARR (2019)

MEMORANDUM **

Gregorio Torres-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision pretermitting his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The agency did not err or violate due process in pretermitting Torres-Perez’s application for cancellation of removal based on his conviction for a crime of domestic violence, where the record established that he had been convicted under California Penal Code § 273.5(a). See 8 U.S.C. §§ 1229b(b)(1)(C), 1227(a)(2)(E)(i) (specifying crimes of domestic violence as barring eligibility for cancellation); Carrillo v. Holder, 781 F.3d 1155, 1159-60 (9th Cir. 2015) (holding that § 273.5(a) is categorically a crime of domestic violence); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice).

Torres-Perez’s contentions that the agency violated due process in not allowing him to file a brief regarding eligibility for cancellation of removal, or otherwise consider whether he qualifies for a domestic violence waiver under 8 U.S.C. § 1227(a)(7), fail for lack of prejudice. See Lata, 204 F.3d at 1246.

Torres-Perez’s motion for summary disposition or remand (Docket Entry No. 16) is denied. See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appear need not include time and date information to vest jurisdiction in the immigration court).

PETITION FOR REVIEW DENIED.