Bruno Villareal-Garcia v. Eric Holder, Jr.

Good Law
594 F. App'x 432
United States Court of Appeals for the Ninth CircuitMarch 2, 201511-70941California269 words

Opinion

Opinion

MEMORANDUM

The Board of Immigration Appeals (BIA) determined that Bruno Villareal- Garcia was statutorily ineligible for discretionary relief. Villareal petitions for review. We have jurisdiction to review legal questions under 8 U.S.C. § 1252 (a)(2)(D), and we deny the petition.

1. The BIA found that Villareal served a five-year sentence for his attempted murder conviction. Substantial evidence supports that finding. Villareal was therefore statutorily ineligible for discretionary relief under 8 U.S.C. § 1182 (c)(1992), which excludes “an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.”

2. Villareal is also statutorily ineligible for discretionary relief under 8 U.S.C. § 1182 (h). The provision precludes relief when the individual has been convicted of attempted murder, or of any other aggravated felony, regardless of when the conviction took place. 8 U.S.C. § 1182 (h); Immigration and Nationality Technical Corrections Act of 1994, Pub.L. No. 103-416, § 203 , 108 Stat. 4311 , 4318.

3. Villareal is statutorily ineligible for suspension of deportation under 8 U.S.C. § 1254…

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