Vasquez-Hernandez

I. BACKGROUND

Vasquez-Hernandez is a native and citizen of Mexico who entered the United States illegally in July 1988. On August 8, 2002, Vasquez-Hernandez was convicted in the Orange County Superior Court of violating California Penal Code § 273.5, corporal injury to a spouse. The trial court sentenced him to fourteen days in jail, eight hours of community service, and three years probation. Under § 273.5, the sentence could not have exceeded one year.

On August 9, 2002, the Immigration and Naturalization Service (“INS”), now Immigration and Customs Enforcement (“ICE”), charged Vasquez-Hernandez as being removable under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled. Vasquez- Hernandez conceded removability. In August 2004, the IJ pre- termitted Vasquez-Hernandez’s request for cancellation of removal, finding that Vasquez-Hernandez was statutorily inel- 1 Vasquez-Hernandez also appealed the decision of the Administrative Appeals Office regarding the cancellation of his bond. By agreement of the parties, this issue is no longer before us. VASQUEZ-HERNANDEZ v. HOLDER 423 igible for cancellation of…