Gonzalez
Rubio Alcaraz v. Gonzalez
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Roberto Rubio-Alcaraz was found removable on the basis of a February 9, 1999, domestic violence conviction. 8 U.S.C. § 1227 (a)(2)(E)®. He conceded removability. The Immigration Judge (IJ) pretermitted his application for cancellation of removal because the IJ found that Rubio-Alcaraz had not met the statutory requirement of seven years of continuous residency. 8 U.S.C. § 1229b(a). 1 The *332 Board of Immigration Appeals (“BIA”) upheld the IJ’s ruling, and also denied Ru-bio-Alcaraz’s new claim for relief under former INA § 212(c). We have jurisdiction to review the BIA’s decision under § 1252(a)(1).
The BIA did not err in finding Rubio-Alcaraz statutorily ineligible for cancellation of removal. Continuous residence begins to accumulate once an alien has been admitted in any status; Rubio-Alcaraz therefore began to accumulate continuous residence on August 8, 1987, when he became a temporary resident. 2 Continuous residence is terminated when, inter alia, an alien commits a crime of moral turpitude. § 1229b(d)(l)(B); §. 1182(a)(2)(A)(i)(I). On September 17, 1993, Rubio-Alcaraz was convicted of corporal injury to a spouse or cohabitant in violation of…