Silverio Augusto Canel- Velasquez v. ERIC H. HOLDER, Jr., Attorney General

09-70718Court of Appeals for the Ninth CircuitMar 2, 2012

Full text

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Jed S. Rakoff, Senior District Judge for the Southern
District of New York, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SILVERIO AUGUSTO CANEL-
VELASQUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70718
Agency No. A075-525-970
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted January 12, 2012
San Francisco, California
Before: WALLACE and M. SMITH, Circuit Judges, and RAKOFF, Senior District
Judge.**
Silverio Augusto Canel-Velasquez petitions for review from a decision of
the Board of Immigration Appeals denying his application for cancellation of
FILED
MAR 02 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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removal under 8 U.S.C. § 1229b(b). We have jurisdiction under 8 U.S.C. § 1252,
and we deny the petition for review.
8 U.S.C. § 1229b(b)(1)(C) makes an alien statutorily ineligible for
cancellation of removal if the alien has been convicted of two crimes involving
moral turpitude. See also 8 U.S.C. § 1182(a)(2)(A)(i)(I), (a)(2)(A)(ii). Canel-
Velasquez conceded below that his conviction under California Penal Code
§ 496(a) for receipt of stolen property constitutes a crime involving moral
turpitude. He now argues that his conviction for disorderly conduct involving
prostitution under California Penal Code § 647(b) does not involve moral
turpitude. Because a violation of section 647(b) is a crime involving moral
turpitude, Rohit v. Holder, No. 10-70091 (9th Cir. Feb. ***, 2012), Canel-
Velasquez has been convicted of two crimes involving moral turpitude and is
statutorily ineligible for cancellation of removal. 8 U.S.C. § 1229b(b)(1)(C).
PETITION FOR REVIEW DENIED.

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