BORBA CARDOSO v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Raul Borges BORBA-CARDOSO, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-70742

Decided: August 25, 2020

Before: CALLAHAN and IKUTA, Circuit Judges, and BENCIVENGO,** District Judge. Mario Acosta, Jr., Esquire, Attorney, Law Office of Mario Acosta, Jr., Santa Fe Springs, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Andrew Nathan O'Malley, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM ***

Raul Borges Borba-Cardoso petitions for review of the Board of Immigration Appeals order of removal. In a concurrently filed opinion, we hold that perjury under section 118(a) of the California Penal Code is an “offense relating to ․ perjury” and is thus an “aggravated felony.” 8 U.S.C. § 1101(a)(43)(S). Borba was convicted under section 118(a), and we therefore lack jurisdiction over his petition for review. See 8 U.S.C. § 1252(a)(2)(C).

PETITION DISMISSED.