Olga Castelan Salas v. Eric H. Holder Jr.

MEMORANDUM

Petitioner-Appellant Olga Minerva Cas-telan Salas (“Castelan”) seeks review of a single-member opinion of the Board of Immigration Appeals (“BIA”). The BIA affirmed an Immigration Judge’s (“IJ”) decision finding Castelan ineligible for cancellation of removal due to her failure to establish good moral character pursuant to 8 U.S.C. § 1229b. Though we lack jurisdiction to review discretionary determinations of the BIA regarding the granting of relief under § 1229b, see Lopez-Castellanos v. Gonzales, 437 F.3d 848, 854 (9th Cir.2006), under 8 U.S.C. § 1252 (a)(2)(D) we retain jurisdiction to review colorable constitutional claims and questions of law raised in Castelan’s Petition for Review.

The IJ and BIA found that Castelan had failed to establish good moral character because she had not presented evidence clarifying the disposition of a supposed attempted murder charge she had received in 2004. Contrary to the understanding of the IJ and BIA, there is no evidence in the record showing Castelan was ever charged with attempted murder. Rather, her criminal history indicates she was arrested for attempted murder on June 25, 2004 but ultimately charged only with domestic…