Sabino Gonzalez-Gonzalez v. John Ashcroft, Attorney General

In this appeal, we consider whether an inadmissible alien who was convicted of a crime of domestic violence is also ineligible for cancellation of removal. We conclude that he is and deny the petition for review.

I

Gonzalez-Gonzalez is a Mexican native and citizen who illegally entered the United States in 1983. Sometime after moving to the United States, Gonzalez-Gonzalez married a United States citizen. The couple had three children. His spouse petitioned for an immediate relative visa on behalf of Gonzalez-Gonzalez in 1988, but did not pursue the matter beyond the initial filing; thus, Gonzalez-Gonzalez never obtained a visa or United States citizenship. In 1993, Gonzalez-Gonzalez and his wife divorced, and he assumed sole custody over the three children, which he has since maintained.

On May 2, 2000, Gonzalez-Gonzalez was convicted of “assault in the fourth degree/domestic violence,” stemming from a November 17, 1999 assault of “P.G.,” with whom he was in a “family member or household relationship.” Gonzalez-Gonzalez was incarcerated for 150 days following this offense. Shortly after his release from incarceration, the Immigration and Naturalization Service (“INS”)…