Orosco-Lopez

Orosco-Lopez v. Gonzales

Good Law
204 F. App'x 683
United States Court of Appeals for the Ninth CircuitDecember 7, 2006No. 04-73199California641 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Martha Orosco-Lopez, an undocumented alien from Mexico, was placed in removal proceedings in 1999, conceded removability and requested cancellation of removal and voluntary departure, relief that the immigration judge (“IJ”) denied. The IJ found that Petitioner was statutorily ineligible for relief because the IJ had reason to believe that Petitioner was involved in drug trafficking based on state court documents indicating that Petitioner was convicted of possession for sale of a controlled substance under section 11351 *684 of the California Health and Safety Code. We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D).

To be eligible for cancellation of removal or voluntary departure, an alien has the burden to demonstrate, inter alia, that she had good moral character during the relevant period. See Tapia v. Gonzales, 430 F.3d 997 , 998 n. 1 (9th Cir.2005); 8 U.S.C. §§ 1229b(b)(1)(B); 1229c(b)(1)(B). Where the IJ “knows or has reason to believe” that an alien “is or has been an illicit trafficker in any controlled substance,” the alien is per se excluded from eligibility for relief. See 8 U.S.C. §§ 1101 (f)(3); 1182(a)(2)(C)(i). The IJ may determine an…

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