Rogelio Gomez Vivanco 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NOT FOR PUBLICATION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
ROGELIO GOMEZ VIVANCO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70160
Agency No. A075-528-262
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Rogelio Gomez Vivanco, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision finding him ineligible for cancellation of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
FILED
JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70160 2
Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny the
petition for review.
The agency properly concluded that Gomez Vivanco was ineligible for
cancellation of removal because his conviction under Cal. Penal Code § 12025(a)
constitutes a firearms offense for the purposes of 8 U.S.C. § 1227(a)(2)(C). See
8 U.S.C. § 1229a(b)(1)(C); Valerio-Ochoa v. INS, 241 F.3d 1092, 1095 (9th Cir.
2001). The expungement of the conviction pursuant to Cal. Penal Code § 1203.4
did not eliminate the immigration consequences of the conviction. See
Ramirez-Castro v. INS, 287 F.3d 1172, 1174-76 (9th Cir. 2002).
PETITION FOR REVIEW DENIED.

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