Frayre-Arreola

Frayre-Arreola v. Ashcroft

Good Law
128 F. App'x 21
United States Court of Appeals for the Ninth CircuitFebruary 14, 2005No. 03-71118California542 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Julian Frayre-Arreola applied for suspension of deportation under *22 INA § 244(a), 8 U.S.C. § 1254 (a)(1) (1995), repealed by Pub.L. No. 104-208, 110 Stat. 3009-615 (Sept. 30, 1996). The immigration judge concluded, on the basis of Petitioner’s two convictions under CaLPenal Code § 273.5 for Inflicting Corporal Injury on a Spouse or Cohabitant, that Petitioner lacked the requisite good moral character to qualify for this relief. The- Board of Immigration Appeals (“BIA”) affirmed. We have jurisdiction under INA § 106, 8 U.S.C. § 1105a, as amended by the transitional rules set forth in IIRIRA § 309(c)(4), and we deny the petition.

To qualify for suspension of deportation an alien must demonstrate, inter alia, that “he was and is a person of good moral character[.]” 8 U.S.C. § 1254 (a)(1)(1995). An alien convicted of a crime involving moral turpitude lacks the “good moral character” necessary to qualify for suspension of deportation. INA § 101(f)(3), 8 U.S.C. § 1101 (f)(3); INA § 212(a)(2)(A)(i)(I); 8 U.S.C. § 1182 (a)(2)(A)(i)(I).

Petitioner has been convicted twice for abusing a cohabitant, in violation of CaLPenal Code § 273.5. 1 There is no basis to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.