Thao Minh Truong v. Gonzales

*722 MEMORANDUM **

Substantial evidence supports the Immigration Judge’s finding that Truong is entitled neither to withholding of removal nor to CAT relief. 1 We lack jurisdiction to review the Immigration Judge’s finding Truong is removable under 8 U.S.C. § 1227 (a)(2)(A)(ii)- 2 Under our decision in Molina-Amezcua v. INS 3 and Truong’s stipulation, the government was not barred by the earlier grant of relief from reconsidering.

We have already held that even if a petitioner is eligible for a § 212(c) waiver of an aggravated felony, 4 the underlying conviction “would nonetheless remain an aggravated felony for purposes of precluding his application for cancellation of removal” under 8 U.S.C. § 1229b(a). 5 Moreover, the statute providing for cancellation of removal states that an alien “who has been granted relief under section [212(c) ], as such [section was] in effect before September 30, 1996,” is not eligible for cancellation of removal. 6 Accordingly, we hold that Truong cannot seek simultaneous relief under both 8 U.S.C. § 1182 (c) and 8 U.S.C. § 1229b(a).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.…