Magdaleno-Cruz

Magdaleno-Cruz v. Gonzales

Good Law
231 F. App'x 744
United States Court of Appeals for the Ninth CircuitMay 14, 2007No. 06-74098California310 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from an order by the Board of Immigration Appeals affirming the Immigration Judge’s denial of cancellation of removal based on a finding that petitioner failed to establish he was a person of good moral character, as required under 8 U.S.C. § 1229b(b). We have reviewed the record and petitioners’ filings in this court, including petitioner’s response to this court’s order to show cause.

In his response, petitioner addresses whether this court has jurisdiction over this petition. We agree that we have jurisdiction to review this case. Nevertheless, as stated in the order to show cause, this petition is appropriate for summary disposition under Ninth Circuit Rule 3-6(b) because petitioner failed to demonstrate that he had good moral character due to his two criminal convictions, for which he was confined to a penal institution for an aggregate period of more than one hundred and eighty days. See 8 U.S.C. § 1101 (f)(7). Nothing in petitioner’s response proves that the Board of Immigration Appeals abused its discretion.

Petitioner argues that his sentence should not count because it was imposed *745 only after he violated the terms of his…

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