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14-72464•VICTOR ALEXANDER LOPEZ- MARTINEZ, AKA Victor A. Lopez, AKA Victor Alexander Lopez,… v. LORETTA E. LYNCH, Attorney General
14-72464Court of Appeals for the Ninth CircuitMay 3, 2016
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICTOR ALEXANDER LOPEZ-
MARTINEZ, AKA Victor A. Lopez, AKA
Victor Alexander Lopez, AKA Lopez-
Hernandez, AKA Juan Jose Lopez-
Martinez, AKA Maynor Martinez-Ropalo,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72464
Agency No. A205-319-067
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Victor Alexander Lopez-Martinez, a native and citizen of Honduras,
petitions for review of the Board of Immigration Appeals’ order dismissing his
FILED
MAY 03 2016
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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appeal from an immigration judge’s decision finding him removable and statutorily
ineligible for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252.
We review de novo questions of law. Coronado v. Holder, 759 F.3d 977, 982 (9th
Cir. 2014). We deny the petition for review.
The agency correctly concluded that Lopez-Martinez was ineligible for
cancellation of removal based on his conviction for a crime of domestic violence
under 8 U.S.C. § 1227(a)(2)(E)(i), where the record established that he had been
convicted under California Penal Code § 273.5. See 8 U.S.C. § 1229b(b)(1)(C)
(specifying classes of criminal convictions that preclude a grant of cancellation of
removal); Carrillo v. Holder, 781 F.3d 1155, 1159 (9th Cir. 2015) (“[California
Penal Code] § 273.5 is categorically a crime of domestic violence within the
meaning of 8 U.S.C. § 1227(a)(2)(E)(i)”); 8 C.F.R. § 1003.41(d) (in addition to the
conviction documents enumerated in the regulation, “[a]ny other evidence that
reasonably indicates the existence of a criminal conviction may be admissible as
evidence thereof”). Lopez-Martinez’s contention that the conviction documents
admitted as evidence did not establish his relationship to the victim is without
merit because his conviction is categorically a crime of domestic violence. See
Carrillo, 781 F.3d at 1159.
14-72464 2
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In light of our disposition, we do not reach Lopez-Martinez’s contention
regarding the burden of proof where the record of conviction is inconclusive.
PETITION FOR REVIEW DENIED.
14-72464 3
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