Valdenegro

Valdenegro v. Holder

Good Law
356 F. App'x 925
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 05-72662California234 words

Opinion

Lead Opinion

MEMORANDUM **

Gerardo Huerta Valdenegro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal because he lacked good moral character. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo a finding of statutory ineligibility for cancellation of removal, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002), and we deny the petition for review.

To be eligible for cancellation of removal, an applicant must demonstrate good moral character during the ten-year period described by the statute. See 8 U.S.C. § 1229b(b)(l)(B). Under 8 U.S.C. § 1101 (f)(3), an individual described in 8 U.S.C. § 1182 (a)(2)(A) cannot “be regarded as, or found to be, a person of good moral character.” Section 1182(a)(2)(A)(i)(II), in turn, makes inadmissible an individual who stands convicted of any law relating to a controlled substance. Huerta Valdenegro admitted to pleading guilty to possession of methamphetamine before the IJ. Because his conviction relates to a controlled substance within the meaning of section…

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