Juan Perez-Serna v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 8 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN PEREZ-SERNA, No. 18-71357 Petitioner, Agency No. A205-671-964 v. MEMORANDUM* MERRICK GARLAND, Attorney General, Respondent. 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). 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. 2 18-71357 Court of Appeals for the Ninth Circuit ca9 9th Cir. Juan Perez-Serna v. Merrick Garland 8 February 2023 Unpublished fb3995ae6ce051dd8fca27d4d7d94781a4c3c532

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