Esteban Troncoso-Oviedo v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ESTEBAN TRONCOSO-OVIEDO, No. 21-70547 Petitioner, Agency No. v. A216-377-085

MERRICK B. GARLAND, Attorney OPINION General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted July 5, 2022 Portland, Oregon

Filed August 5, 2022

Before: Paul J. Watford, Ryan D. Nelson, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge R. Nelson TRONCOSO-OVIEDO V. GARLAND

SUMMARY *

Immigration

Granting in part and denying in part Esteban Troncoso- Oviedo’s petition for review of a decision of the Board of Immigration Appeals, and remanding, the panel held that: 1) pretrial detention that is not credited toward a defendant’s sentence is not confinement “as a result of a conviction” for purposes of determining good moral character under 8 U.S.C. § 1101(f)(7); and 2) the agency properly concluded that petitioner waived his applications for alternative relief.

In 2018, an Arizona court convicted Troncoso-Oviedo of aggravated DUI, sentencing him to “[a] term of 4 calendar months . . . with a presentence…