Dionicio Castro v. Eric Holder, Jr.

MEMORANDUM

Petitioner Dionicio Castro asks this Court to review the Board of Immigration Appeals’s (“BIA”) opinion denying his application for immigration relief from the order of removal issued against him. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we grant the petition in part and remand the case to the BIA for further consideration.

On appeal, Castro challenges primarily the BIA’s conclusion that he is removable for being convicted of a crime involving moral turpitude. 8 U.S.C. § 1182 (a)(2)(A)(i)(I). He concedes, however, that he is removable in the alternative because he entered the United States without being admitted. 8 U.S.C. § 1182 (a)(6)(A)(i). Since Castro concedes removability, he instead seeks immigration relief from the order of removal in the form of cancellation of the order or voluntary departure. Pet. for Review, D.E. 1-3, at 22 (July 15, 2010). Both of these forms of immigration relief require showing the person seeking relief has “good moral character.” See 8 U.S.C. § 1229b(b)(l)(B)…