Ezequiel Montes-Sanchez v. Loretta E. Lynch

MEMORANDUM

In these consolidated petitions for review, Ezequiel Montes-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order (No. 13-74065), and the BIA’s order denying of his motion to reconsider (No. 14-70880). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and review for abuse of discretion the denial of motions to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review in No. 13-74065, and deny the petition for review in No. 14-70880.

As to petition No. 13-74065, contrary to Montes-Sanchez’ contention, the petty offense exception of 8 U.S.C. § 1182 (a)(2)(A)(ii) does not render him eligible for cancellation of removal, where his conviction is otherwise covered by 8 U.S.C. § 1227 (a)(2)(A)(i). See Mancilla-Delafuente v. Lynch, 804 F.3d 1262, 1265 (9th Cir. 2015) (a crime of moral turpitude was not entitled to petty offense exception of 8 U.S.C. § 1182 (a)(2)(A)(ii), where the conviction was potentially punishable by one year…