FILED NOT FOR PUBLICATION FEB 13 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JAVIER ALFONSO LUNA RIVERA, No. 17-72523 Petitioner, Agency No. A205-173-654 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 9, 2023** Pasadena, California Before: SCHROEDER, TALLMAN, and IKUTA, Circuit Judges. Javier Alfonso Luna Rivera seeks review of an order of the Board of Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ) * 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). denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition. The BIA did not err in concluding that Luna Rivera’s conviction under Section 245(a)(1) of the California Penal Code was a crime involving moral turpitude (CIMT) under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Safaryan v. Barr, 975 F.3d 976, 981 (9th Cir. 2020) (“[A] violation of § 245(a)(1) is categorically a [CIMT].”). Under 8 U.S.C. § 1229b(b)(1)(C), an alien who is convicted of certain enumerated offenses, including a CIMT, 8 U.S.C. § 1182(a)(2)(A)(i)(I), is “ineligible for cancellation of removal,” Barton v. Barr, 140 S. Ct. 1442, 1452 (2020), as we have confirmed on many occasions, see, e.g., Ballinas-Lucero v. Garland, 44 F.4th 1169, 1173 (9th Cir. 2022); Diaz-Flores v. Garland, 993 F.3d 766, 773–74 (9th Cir. 2021). Thus, because Luna Rivera’s conviction under Section 245(a)(1) was a CIMT, he is ineligible for cancellation of removal. PETITION DENIED. 2 17-72523 Court of Appeals for the Ninth Circuit ca9 9th Cir. Javier Luna Rivera v. Merrick Garland 13 February 2023 Unpublished a45cbb080cd717ce41c854d0cec3b8fa1bf4b875
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