Serrano-Pineda

Serrano-Pineda v. Holder

Good Law
310 F. App'x 984
United States Court of Appeals for the Ninth CircuitFebruary 4, 2009No. 05-71445California373 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Norma Angelica Serrano-Pineda, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals, which denied Petitioner’s request for cancellation of removal for lack of good moral character. Reviewing de novo the finding of Petitioner’s ineligibility for cancellation of removal, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002), we deny the petition.

To be eligible for cancellation of removal, an applicant must demonstrate good moral character during the ten-year period described by the statute. 8 U.S.C. § 1229b(b)(l)(B). Under 8 U.S.C. § 1101 (f)(3), an alien described in 8 U.S.C. § 1182 (a)(2)(A) cannot “be regarded as, or found to be, a person of good moral char *986 acter.” Section 1182(a)(2)(A)(i)(II), in turn, makes inadmissible an alien who stands convicted of any law relating to a controlled substance. Petitioner pleaded guilty to possession for sale of cocaine base in May 2001. Because her conviction relates to a controlled substance within the meaning of § 1182(a)(2)(A)(i)(II), she is statutorily barred from establishing good moral character.

Petitioner argues that she was convicted only…

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