NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 11 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FRANCISCO JAVIER MAYA No. 18-71348 ALVARADO, AKA Francisco Javier Maya, Agency No. A206-411-107 Petitioner, v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 9, 2021** San Francisco, California Before: WALLACE, GOULD, and FRIEDLAND, Circuit Judges. Francisco Maya Alvarado, a native citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (Board) decision affirming an Immigration Judge’s (IJ) (collectively, the Agency) denial of his application for cancellation of removal. * 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 Agency held that Maya Alvarado was ineligible for cancellation of removal because of his felony conviction for possession of child pornography, in violation of California Penal Code § 311.11(a), which it held qualifies as a crime involving moral turpitude (CIMT). We have jurisdiction pursuant to 8 U.S.C. § 1252. We deny the petition. When the Board conducts its own review of the evidence and the law, we review the Board’s decision and look to the IJ’s decision for fact- finding. See Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We review the factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184–85 (9th Cir. 2006). We review questions of law de novo, such as whether a crime involves moral turpitude. Barrera-Lima v. Sessions, 901 F.3d 1108, 1114 (9th Cir. 2018); see also 8 U.S.C. § 1182 (a)(2)(A)(i)(I). We apply Skidmore deference to the Board’s case-by-case determination that a particular crime involves moral turpitude where, as here, the Board’s decision is unpublished and not directly controlled by a published Board decision. Ceron v. Holder, 747 F.3d 773, 778 (9th Cir. 2014). Maya Alvarado arrived in the United States in 1998. In 2014, he produced a cellphone video depicting child pornography, specifically, by filming his girlfriend’s granddaughter, who was eleven or twelve years old, using the toilet so he could capture video of her buttocks and pubic areas. Maya Alvarado was captured on the 2 same video shortly thereafter removing his shorts as he ended the recording, even though he had previously used the restroom before recording his victim. Maya Alvarado admitted during his police interview that he produced the video and recorded it because he was curious and wanted to see the girl’s body. Maya Alvarado pled nolo contendere to felony possession of child pornography pursuant to a plea agreement. See Cal. Penal Code § 311.11(a). Maya Alvarado was sentenced to one year of jail and was required to register as a sex offender, but he was released after one month. The Department of Homeland Security issued a Notice to Appear in November 2014. Maya Alvarado conceded …
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