Gomez

Gomez v. Gonzales

Good Law
135 F. App'x 79
United States Court of Appeals for the Ninth CircuitJune 16, 2005No. 03-71848California376 words

Opinion

Lead Opinion

MEMORANDUM ****

Ivonne Elisa Julia Gomez (Gomez) petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying a motion to remand her case to consider her eligibility for Cancellation of Removal. Gomez does not appeal the BIA’s ruling that she abandoned her permanent resident status. We affirm.

The BIA’s interpretation of purely legal questions is reviewed de novo. Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). The BIA’s interpretation and application of immigration law is “subject to established principles of deference” unless the intent of Congress is clear. Id. (citation and internal quotation marks omitted). The authority providing eligibility for Cancellation of Removal states:

8 U.S.C. § 1229b(a) (emphasis added). The term “lawfully admitted for permanent residence” is further defined as “the status of having been lawfully accorded the *81 privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. ” Id. at § 1101(a)(20) (emphasis added).

The BIA determined that Gomez’s recent change in permanent resident status rendered her ineligible for Cancellation of…

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