Ricardo Ivan Palos-Marquez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICARDO IVAN PALOS-MARQUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73799
Agency No. A074-419-643
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2015 **
Pasadena, California
Before: REINHARDT, N.R. SMITH, and HURWITZ, Circuit Judges.
Ricardo Palos-Marquez petitions for review of a decision by the Board of
Immigration Appeals that he is removable because his conviction under 8 U.S.C.
§ 1324(a)(1)(A)(ii) for knowingly transporting undocumented persons is an
aggravated felony under 8 U.S.C. § 1101(a)(43)(N). We dismiss the petition.
FILED
MAR 10 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

1. The phrase “relating to alien smuggling” in 8 U.S.C. § 1101(a)(43)(N) is
descriptive, rather than limiting, and offenses listed in that provision are categorically
aggravated felonies, except for certain first-time offenses involving family members.
See Castro-Espinosa v. Ashcroft, 257 F.3d 1130, 1131-32 & n.2 (9th Cir. 2001);
United States v. Galindo-Gallegos, 244 F.3d 728, 733-34 (9th Cir.), amended on other
grounds by 255 F.3d 1154 (9th Cir. 2001). Section 1324(a)(1)(A)(ii) is listed in
§ 1101(a)(43)(N). Palos-Marquez’s conviction was not for a first-time offense
involving a family member, and he therefore was convicted of an aggravated felony.
2. Because Palos-Marquez was convicted of an aggravated felony, we lack
jurisdiction over this petition for review. 8 U.S.C. §§ 1227(a)(2)(A)(ii),
1252(a)(2)(C); see Castro-Espinosa, 257 F.3d at 1132.
DISMISSED
2

-- 2 of 2 --