Isai Lopez-Perez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ISAI LOPEZ-PEREZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-73426
Agency No. A209-137-433
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 8, 2022**
Phoenix, Arizona
Before: O’SCANNLAIN and GRABER, Circuit Judges, and FITZWATER,***
District Judge.
Petitioner Isai Lopez-Perez seeks review of the Board of Immigration
Appeals’ (“BIA”) final order denying his request for cancellation of removal on the
FILED
FEB 10 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
*** The Honorable Sidney A. Fitzwater, United States District Judge for
the Northern District of Texas, sitting by designation.

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ground that he was convicted of a crime of domestic violence. We deny the
petition because the BIA properly concluded that (1) Petitioner waived this
argument by not raising it before the immigration judge and (2) in the alternative,
Petitioner’s crime of conviction is categorically a crime of domestic violence.
1. The BIA correctly determined that Petitioner had waived the argument
that his conviction did not include a domestic violence designation under Arizona
law. Petitioner raised this argument for the first time before the BIA; the BIA did
not have to address it. Honcharov v. Barr, 924 F.3d 1293, 1297 (9th Cir. 2019)
(per curiam).
2. Alternatively, the BIA correctly determined that Petitioner’s crime of
conviction was a crime of domestic violence as defined by 8 U.S.C.
§ 1227(a)(2)(E). The record of conviction establishes that Petitioner was convicted
of class one misdemeanor domestic violence assault under Arizona Revised
Statutes sections 13-1203 and 13-3601(A).
We reject Petitioner’s argument that the Shepard documents show that
Petitioner was not convicted under Arizona Revised Statutes section 13-3601(A).
The charging document, plea agreement, and judgment demonstrate that he was
convicted under Arizona Revised Statutes section 13-3601(A). See Shepard v.
United States, 544 U.S. 13, 16 (2005). Petitioner’s crime of conviction
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categorically was a crime of domestic violence. See Cornejo-Villagrana v.
Whitaker, 912 F.3d 479, 486 (9th Cir. 2017) (concluding that a conviction of class
one misdemeanor assault under Arizona Revised Statutes section 13-1203, when
paired with the additional element of a domestic relationship, as described in
Arizona Revised Statutes section 13-3601(A), is a categorical match for a “crime
of domestic violence” for purposes of 8 U.S.C. § 1227(a)(2)(E)).
PETITION DENIED.
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