ROBERTO FRANCISCO RAMOS- PEREZ, AKA Juan Gervacio, AKA Juan Gervacio Lucas v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERTO FRANCISCO RAMOS-
PEREZ, AKA Juan Gervacio, AKA Juan
Gervacio Lucas,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72697
Agency No. A077-129-208
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Roberto Francisco Ramos-Perez, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his application for
FILED
DEC 15 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).

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voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review de
novo questions of law and constitutional claims, Mohammed v. Gonzales, 400 F.3d
785, 791-92 (9th Cir. 2005), and we deny the petition for review.
Ramos-Perez’ contention that the agency erred and violated due process in
allegedly pretermitting or denying his application for cancellation of removal is
without merit. The record establishes that Ramos-Perez failed to apply for
cancellation of removal and conceded through counsel that he was ineligible for
such relief due to his 2002 conviction under Cal. Penal Code § 273.5(a). See
Carrillo v. Holder, 781 F.3d 1155, 1157-60 (9th Cir. 2015) (Cal. Penal Code
§ 273.5(a) (2002) is categorically a crime of domestic violence under 8 U.S.C.
§ 1227(a)(2)(E)(i)); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on
a due process challenge, an alien must show error and prejudice).
PETITION FOR REVIEW DENIED.
14-72697 2

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