Opinion
No. 06-74778 Agency No. A092-130-002
01-04-2012
SERGIO PONCE-GUTIERREZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Sergio Ponce-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order denying his motion to reopen. We review de novo questions of law, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir. 2007), and we dismiss the petition for review.
Ponce-Gutierrez's contention that he is not deportable because his convictions have been expunged is unavailing, regardless of the date the expungement took effect. See Ramirez-Castro v. INS, 287 F.3d 1172, 1175 (9th Cir. 2002) (holding that a conviction expunged in 1993 under California law retained its adverse immigration consequences). We therefore lack jurisdiction to review the order of deportation against Ponce-Gutierrez because he is deportable under 8 U.S.C. § 1227(a)(2)(A)(ii) on the basis of two convictions under California Penal Code § 273.5(a), for which a sentence of at least one year may be imposed. See 8 U.S.C. § 1252(a)(2)(C); Ghahremani v. Gonzales, 498 F.3d 993, 998 n.5 (9th Cir. 2007) (8 U.S.C. § 1252(a)(2)(C) applies to the court's review of the denial of a motion to reopen).
PETITION FOR REVIEW DISMISSED.