Antonio Fabian Silveyra- Garcia, a.k.a. Antonio Fabian Silveyra v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTONIO FABIAN SILVEYRA-
GARCIA, a.k.a. Antonio Fabian Silveyra,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-74735
Agency No. A018-499-789
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Antonio Fabian Silveyra-Garcia, a native and citizen of Argentina, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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08-74735 2
questions of law, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir. 2004),
and we deny the petition for review.
Silveyra-Garcia contention that a conviction under Cal. Penal Code
§ 496d(a) is not categorically an aggravated felony under 8 U.S.C.
§ 1101(a)(43)(G) is foreclosed by Alvarez-Reynaga v. Holder, 596 F.3d 534, 536-
37 (9th Cir. 2010). Silveyra-Garcia’s contention that his three-year sentence
cannot be attributed to his offense for the purposes of 8 U.S.C. § 1101(a)(43)(G) is
unpersuasive.
PETITION FOR REVIEW DENIED.

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