Torres-Binvinuti

Torres-Binvinuti v. Mukasey

Good Law
303 F. App'x 499
United States Court of Appeals for the Ninth CircuitDecember 15, 2008No. 08-71923California221 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order af *500 firming without opinion the Immigration Judge’s (“IJ”) decision, finding petitioner ineligible for cancellation of removal and adjustment of status.

Respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United, States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

The BIA did not abuse its discretion in affirming the IJ’s denial of petitioner’s applications for cancellation of removal and adjustment of status because petitioner is statutorily ineligible for such relief in light of his controlled substance conviction under California Health and Safety Code section 11550(a). See 8 U.S.C. §§ 1182 (a)(2)(A)(i)(II), (h); 8 U.S.C. § 1229b(b); 8 U.S.C. § 1255 (a). The BIA also did not abuse its discretion in affirming the IJ’s denial of petitioner’s motion for a continuance. See Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996).

All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth…

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