NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 12 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GABRIEL MARTINEZ OLMOS, No. 18-71826 Petitioner, Agency No. A079-145-447 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 4, 2019** San Francisco, California Before: CALLAHAN and BADE, Circuit Judges, and BOUGH,*** District Judge. Gabriel Martinez Olmos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order pretermitting his application for cancellation of * 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). *** The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri, sitting by designation. removal on the ground that Martinez Olmos’s conviction for battery resulting in substantial bodily harm, a Category C felony under Nevada Revised Statutes § 200.481(2)(b), qualifies categorically as a crime of violence. Martinez Olmos also argues that the IJ erred by denying him the due process right to be heard on removability and failing to inform him that he was eligible for a waiver under 8 U.S.C. § 1182(h). “Under 8 U.S.C. § 1252(a)(2)(C), this Court lacks jurisdiction to review a final order of removal against an alien who is removable based on his conviction for an aggravated felony.” Barragan-Lopez v. Holder, 705 F.3d 1112, 1114 (9th Cir. 2013) (citing Huerta–Guevara v. Ashcroft, 321 F.3d 883, 885 (9th Cir. 2003)). “However, we retain jurisdiction to determine whether a particular offense constitutes an aggravated felony.” Id. “We review de novo whether a criminal conviction is a crime of violence and therefore an aggravated felony rendering an alien removable.” Covarrubias Teposte v. Holder, 632 F.3d 1049, 1052 (9th Cir. 2011) (citing Suazo Perez v. Mukasey, 512 F.3d 1222, 1225 (9th Cir. 2008)). We hold that Martinez Olmos’s conviction under Nevada Revised Statutes § 200.481(2)(b) is an aggravated felony for a crime of violence. We also hold Martinez Olmos’s claims of due process violations are meritless. The petition for review is denied. 2 I. To qualify for cancellation of removal, an applicant must establish that he “has not been convicted of any aggravated felony.” 8 U.S.C. § 1229b(a)(3). An aggravated felony includes “a crime of violence . . . for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101(a)(43)(F). A crime of violence is defined as “an offense that has an element the use, attempted use, or threatened use of physical force against the person or property of another.” 18 U.S.C. § 16(a). “In interpreting this language, the Supreme Court defined ‘physical force’ to mean ‘violent force—that is, force capable of causing physical pain or injury to another person.’” United States v. Perez, ...
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