Sanchez-Sanchez

Sanchez-Sanchez v. Ashcroft

Good Law
86 F. App'x 357
United States Court of Appeals for the Ninth CircuitJanuary 27, 2004No. 02-73664; Agency No. A76-704-837California758 words

Opinion

Lead Opinion

*358 MEMORANDUM **

Petitioner Juan Carlos Sanchez-Sanchez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his application for cancellation of removal pursuant to the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq. (2003). Because we find that the BIA did not err in its decision, we deny the petition.

Petitioner is a native of Mexico who first entered the United States without inspection on or about June 1, 1989. On March 22, 2000, the Immigration and Naturalization Service (“INS”) issued a Notice to Appear charging petitioner with being subject to removal from the United States under the INA, 8 U.S.C. § 1182 (a)(6)(A)(i). Petitioner subsequently applied for cancellation of removal, and a hearing was held on his application.

At the hearing, petitioner conceded that he had been detained by Immigration authorities in the United States no fewer than three times, in 1992, 1994, and 1999. Each of these times, petitioner testified, he had signed for “voluntary departure,” which permitted the authorities to return him to Mexico in lieu of placing him in deportation or removal proceedings.

The Immigration Judge (“IJ”) held that…

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