Soria Gonzalez v. Holder

MEMORANDUM

Armando Soria Gonzalez (“Petitioner”), a native and citizen of Mexico, petitions for review of two final administrative orders issued by the Board of Immigration Appeals (“BIA”). The BIA’s February 21, 2008 amended order dismissed his appeal from an immigration judge’s (“IJ”) decision denying his application for special rule cancellation of removal under the Nicaraguan Assistance and Central American Relief Act (“NACARA”), Pub. Law 105-100, and ordered his voluntary departure from the United States. The BIA’s order dated October 15, 2008 denied his motion to reopen the proceedings. This court has jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

I. The BIA’s February 21, 2008 amended order

Petitioner appeals two issues decided in the BIA’s February 21, 2008 amended order. First, he argues the BIA erred in determining that Petitioner failed to demonstrate the requisite good moral character under NACARA based on his payment to alien smugglers. Second, he argues the IJ erred in refusing to conduct additional factfinding on remand regarding his participation in the smuggling activity.

This court reviews questions of law de novo, including the application of…