Cabrera-Alvarez

Cabrera-Alvarez v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 7, 200504-72487California4,738 words

Opinion

Opinion

GRABER, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDMER ROGELIO CABRERA-ALVAREZ, 

Petitioner, No. 04-72487 v.  Agency No.

A79-812-102

ALBERTO R. GONZALES, Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted June 17, 2005—Seattle, Washington

Filed September 8, 2005

Before: Harry Pregerson, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Graber; Dissent by Judge Pregerson

12621 CABRERA-ALVAREZ v. GONZALES 12625

COUNSEL

Russell W. Pritchett, Pritchett & Jacobson, P.S., Bellingham, Washington, for the petitioner.

Aviva L. Poczter, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

OPINION

GRABER, Circuit Judge:

Petitioner Edmer Rogelio Cabrera-Alvarez seeks cancella- tion of removal in order to prevent hardship to his two young children, who are United States citizens. He argues that the immigration judge (“IJ”), in denying him cancellation of removal, interpreted the “exceptional and extremely unusual 12626 CABRERA-ALVAREZ…

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