De La Torresalazar v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
The petitioner, Leobardo de la Torre, petitions for review of two orders of the Board of Immigration Appeals (“BIA”). Because the facts are familiar to the parties, we will not recite them in detail except as necessary. We have jurisdiction pursuant to 8 U.S.C. § 1105 (a). Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) § 309. We deny the petitions.
De la Torre first argues that the BIA’s September 15, 2000 deportation order should be reversed. We review de novo the BIA’s determination of purely legal issues. Chowdhury v. INS, 249 F.3d 970, 972 (9th Cir.2001). The BIA’s findings of fact are reviewed for substantial evidence. Lal v. INS, 255 F.3d 998, 1000 (9th Cir. *253 2001). We conclude that the BIA correctly applied the stop-time rule under IIRI-RA § 309(c)(5) and that its decision was supported by substantial evidence.
Even if the stop-time rule had not been applied, de la Torre would not have been eligible for a suspension of deportation as a result of his conviction. De la Torre is ineligible for a finding of good moral character because he was confined for a period of more than 180 days. 8 U.S.C. § 1101 (f)(7) (precluding one from…