Fermin Perez-Sanchez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FERMIN PEREZ-SANCHEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Nos. 09-72128
10-70767
Agency No. A092-856-801
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
In these consolidated petitions for review, Fermin Perez-Sanchez, a native
and citizen of El Salvador, petitions pro se for review of the Board of Immigration
Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s
removal order and denying his motion to reopen. Our jurisdiction is governed by
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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8 U.S.C. § 1252. We review de novo questions of law, for substantial evidence the
agency’s factual findings, and for abuse of discretion the denial of a motion to
reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny
the petition for review.
The BIA correctly determined that Perez-Sanchez’s conviction under
California Penal Code § 273.5(a) constituted an aggravated felony crime of
violence under 8 U.S.C. § 1101(a)(43)(F) that rendered him removable. See 8
U.S.C. § 1227(a)(2)(A)(iii); Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th
Cir. 2010). Perez-Sanchez is ineligible for asylum and cancellation of removal due
to the aggravated felony conviction. See 8 U.S.C. §§ 1158(b)(2)(A)(ii), B(i),
1229b(a)(3).
The agency applied the proper legal standard as set forth in Matter of
Frentescu, 18 I. & N. Dec. 244, 247 (BIA 1982), in determining Perez-Sanchez
was convicted of a particularly serious crime rendering him ineligible for
withholding of removal under 8 U.S.C. § 1231(b)(3)(B)(ii). See Anaya-Ortiz v.
Holder, 594 F.3d 673, 679-80 (9th Cir. 2010); see also Pechenkov v. Holder, 705
F.3d 444, 448 (9th Cir. 2012) (our jurisdiction is limited to colorable constitutional
claims and legal questions).

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09-72128 3
Substantial evidence supports the agency’s determination that Perez-Sanchez
failed to establish that it is more likely than not that he would be tortured if he were
returned to El Salvador. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir.
2009).
PETITIONS FOR REVIEW DENIED.

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