Gerardo Martinez Velasquez v. Eric Holder, Jr.

Good Law
605 F. App'x 641
United States Court of Appeals for the Ninth CircuitApril 2, 201511-73390California937 words

Opinion

Opinion

MEMORANDUM

Gerardo Martinez-Velasquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his applications for cancellation of removal, asylum, withholding of removal, and Convention Against Torture (CAT) relief. We deny the petition.

(1) Martinez argues that he is not barred from cancellation of removal consideration. We disagree. Because Martinez committed a crime of domestic violence within the meaning of 8 U.S.C. § 1227 (a)(2)(E)(i), he is barred from consideration for cancellation of removal relief. See Marquez-Carrillo v. Holder, 781 F.3d 1155, 1159 (9th Cir.2015); Banuelos-Ayon v. Holder, 611 F.3d 1080, 1081 (9th Cir.2010); Vasquez-Hernandez v. Holder, 590 F.3d 1053, 1055-56 (9th Cir.2010).

(2) Martinez then argues that the BIA erred when it denied .him asylum relief. Again, we disagree.

(a) Martinez is barred at the threshold by the one-year statute of limitations, because he filed his application for relief over fifteen years after his arrival in the United States and did not show changed circumstances that would justify the late filing. While there may be more crime and violence in Mexico than there once was, he…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.