NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 17 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GREGORIO CORAZON VENTURA- No. 19-71179 FLORES, AKA Flores Genaro Alejandro, AKA Jorge Flores, Agency No. A208-308-144 Petitioner, MEMORANDUM* v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2022** San Francisco, California Before: GOULD and RAWLINSON, Circuit Judges, and ADELMAN,*** District Judge. Petitioner Gregorio Corazon Ventura-Flores seeks review of a decision by * 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 Lynn S. Adelman, United States District Judge for the Eastern District of Wisconsin, sitting by designation. the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s denial of his application for cancellation of removal. The BIA affirmed the Immigration Judge’s finding that Ventura-Flores was ineligible for cancellation of removal pursuant to section 240A(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1229b(b)(1)(A)–(D). Specifically, Ventura-Flores failed to establish that he has not been convicted of a crime of domestic violence, which disqualifies an application for cancellation of removal. See § 1229b(b)(1)(C); § 1227(a)(2)(E)(i). Ventura-Flores is a native and citizen of Mexico who entered the United States in 2003 without admission or parole. The Department of Homeland Security (“DHS”) started removal proceedings against him in 2016. Ventura- Flores admitted the factual allegations against him and conceded removability. He sought cancellation of removal or, in the alternative, voluntary departure. DHS submitted a criminal record (“rap sheet”) obtained from the Federal Bureau of Investigation (“FBI”) which had Ventura-Flores’s fingerprints. The rap sheet contained convictions for an individual with a different name and birth date than that in his application for cancellation of removal: “Jorge Flores” with a birth date of May 22, 1973, in the rap sheet, and “Gregorio Corazon Ventura-Flores” with a birth date of May 25, 1972, in his application for cancellation of removal. The convictions in the rap sheet included a state court conviction from 2000 for 2 willful infliction of corporal injury to spouse or cohabitant, in violation of California Penal Code § 273.5(a). We have held that a violation of CPC § 273.5(a) is categorically a crime of domestic violence and disqualifies a noncitizen from being eligible for cancellation of removal. Carrillo v. Holder, 781 F.3d 1155, 1159–60 (9th Cir. 2015). The Immigration Judge denied Ventura-Flores’s application for cancellation of removal. At the hearing, Ventura-Flores’s attorney conceded that “because of the fingerprints” the rap sheet “is not contestable,” and he had no other objections to its admission. The BIA dismissed Ventura-Flores’s appeal of the Immigration Judge’s decision, concluding that “the record contains evidence from which a reasonable factfinder could conclude” that Ventura-Flores was convicted of violating CPC § 273.5(a) and consequently was ineligible for cancellation …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals