Jose Aburto Ruiz v. Eric Holder, Jr.

MEMORANDUM

Jose Maria Aburto Ruiz (“Ruiz”) is a native and citizen of Mexico, who seeks cancellation of removal and/or voluntary departure. The immigration judge (“IJ”) determined that Ruiz was statutorily ineligible for cancellation of removal due to a 1997 conviction for attempted arson. The IJ also concluded that the conviction rendered Ruiz ineligible for voluntary departure, but made the alternative finding that, as a matter of discretion, Ruiz did not merit such relief. The Board of Immigration Appeals (“BIA”) affirmed the IJ. We deny in part and dismiss in part Ruiz’s petition for review.

Our jurisdiction is governed by 8 U.S.C. § 1252 . We review Ruiz’s statutory eligibility for relief from removal de novo. See Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 , 1126 n. 7 (9th Cir.2006) (en banc).

The facts are known to the parties; we do not repeat them.

We deny Ruiz’s petition for review as to his cancellation of removal claim. Convictions of crimes involving moral turpitude render immigrants ineligible for cancellation of removal regardless of when they occur. Flores Juarez v. Mukasey, 530 F.3d 1020, 1022 (9th Cir.2008) (finding that an individual with good moral character…