Sergio PONCE-GUTIERREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 465 F. App'x 602

MEMORANDUM Sergio Ponee-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen. We review de novo questions of law, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir.2007), and we dismiss the petition for review. Ponce-Gutierrez’s contention that he is not deportable because his convictions have been expunged is unavailing, regardless of the date the expungement took effect. See Ramirez-Castro v.

INS, 287 F.3d 1172, 1175 (9th Cir.2002) (holding that a conviction expunged in 1993 under California law retained its adverse immigration consequences). We therefore lack jurisdiction to review the order of deportation against Ponce-Gutierrez because he is deportable under 8 U.S.C. § 1227(a)(2)(A)(ii) on the basis of two convictions under California Penal Code § 273.5(a), for which a sentence of at least one year may be imposed. See 8 U.S.C. § 1252(a)(2)(C); Ghahremani v. Gonzales, 498 F.3d 993, 998 n. 5 (9th Cir.2007) (8 U.S.C. § 1252(a)(2)(

C) applies to the court’s review of the denial of a motion to reopen). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.