GONZALEZ FLORES v. BARR (2020)

MEMORANDUM **

Luis Antonio Gonzalez-Flores, 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 denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Latter-Singh v. Holder, 668 F.3d 1156, 1159 (9th Cir. 2012). We deny the petition for review.

The agency did not err in concluding that Matter of Leal, 26 I. & N. Dec. 20 (BIA 2012), which held that a conviction for felony endangerment under Arizona Revised Statutes § 13-1201 is categorically a crime involving moral turpitude, applies retroactively. See Olivas-Motta v. Whitaker, 910 F.3d 1271, 1276-79 (9th Cir. 2018) (concluding that Matter of Leal did not represent a change in the law and therefore applies retroactively).

We deny Gonzalez-Flores’s motion to terminate or remand where his contention that the agency lacked jurisdiction is foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (notice to appear need not include time and date of hearing to vest jurisdiction in the immigration court).

PETITION FOR REVIEW DENIED.