Romero

Romero v. Gonzales

Good Law
138 F. App'x 900
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-70668; Agency Nos. A75-666-508, A75-666-509, A75-664-427, A75-664-428, A75-664-429, A75-664-430California354 words

Opinion

Lead Opinion

MEMORANDUM ***

Lead petitioners Gregorio Montiel Romero and Pilar Gonzalez Calderon, natives and citizens of Mexico, petition pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing their appeal from an immigration judge’s denial of their applications for cancellation of removal. 1 We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s determination that an alien falls within a per se category that bars a finding of good moral character. Kalaw v. INS, 138 F.3d 1147, 1151 (9th Cir.1997). We deny the petition for review.

The BIA properly determined that petitioners could not establish good moral character during the relevant 10-year period because their testimony established that they encouraged, aided or abetted the smuggling of their four alien children into the United States. See 8 U.S.C. §§ 1101 (f)(3) & 1182(a)(6)(E); Khourassany v. INS, 208 F.3d 1096, 1101 (9th Cir.2000).

Petitioners’ inability to establish good moral character was dispositive of their applications for cancellation of removal. See 8 U.S.C. § 1229b(b)(1); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003) (“[c]ancellation of removal ...…

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