Reyes-Rivas

Reyes-Rivas v. Ashcroft

Good Law
93 F. App'x 117
United States Court of Appeals for the Ninth CircuitMarch 9, 2004No. 02-71025; Agency Nos. A75-608-525, A75-608-526California1,058 words

Opinion

Lead Opinion

MEMORANDUM **

Jose de Jesus Reyes-Rivas (“Mr. Reyes”) and his wife Leticia Reyes-Gonzalez (“Ms.Reyes”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA’s”) affirmance without opinion of the Immigration *119 Judge’s (“IJ’s”) denial of their application for cancellation of removal.

Petitioners are subject to removal under 8 U.S.C. § 1182 (a)(6)(A)(i), which states that “[a]n alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.” Because Petitioners are non-permanent residents, they must meet the eligibility requirements for cancellation of removal set forth in 8 U.S.C. § 1229b(b)(l). This statutory provision permits an IJ to cancel removal if an alien (1) has resided in the United States continuously for at least 10 years; (2) is of good moral character during that ten-year period; (3) has not been convicted of certain enumerated criminal offenses; and (4) can establish that removal would result in “exceptional and extremely unusual hardship” to the alien’s spouse, parent, or child who is a U.S.…

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