Juan Perez-Serna v. MERRICK GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN PEREZ-SERNA,
Petitioner,
v.
MERRICK GARLAND,
Attorney General,
Respondent.
No. 18-71357
Agency No. A205-671-964
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 6, 2023**
Portland, Oregon
Before: M. SMITH, FORREST, and SUNG, Circuit Judges.
Petitioner Juan Perez-Serna challenges the Board of Immigration Appeals’
(BIA) dismissal of his appeal from the Immigration Judge’s denial of his application
for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252, and we
deny the petition.
* 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).
FILED
FEB 8 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
We review de novo the BIA’s denial of cancellation of removal based on
Perez-Serna’s judgment of contempt for violating a restraining order issued against
him under Oregon’s Family Abuse Prevention Act (FAPA), Or. Rev. Stat.
§§ 107.700–107.735. See Diaz-Quirazco v. Barr, 931 F.3d 830, 838 (9th Cir. 2019).
Our decision in Diaz-Quirazco forecloses Perez-Serna’s application for cancellation
of removal because there we held that a judgment of contempt for violating a FAPA
restraining order is an offense under 8 U.S.C. § 1227(a)(2) that renders a petitioner
statutorily ineligible for cancellation of removal. Id. at 846; 8 U.S.C. §
1229b(b)(1)(C).
PETITION DENIED.

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