Botello
Botello v. Ashcroft
Opinion
Lead Opinion
*669 MEMORANDUM ***
Aurelio Flores Botello, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for suspension of deportation and voluntary departure. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147 , 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence factual findings, Kalaw, 133 F.3d at 1151, and de novo due process contentions, Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir. 2002). We deny the petition for review.
Botello contends that he established extreme hardship and is therefore eligible for suspension of deportation. This contention lacks merit because the IJ determined that Botello’s criminal history barred him from establishing good moral character, and did not consider extreme hardship. See Hernandez-Robledo v. INS, 111 F.2d 536, 542 (9th Cir.1985) (where an applicant for suspension of deportation has not established the required good moral character, there is no need to examine extreme hardship).