Reyes-Hernandez

Reyes-Hernandez v. Gonzales

Good Law
239 F. App'x 387
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-70871California345 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of a Board of Immigration Appeals’ (“BIA”) decision denying petitioner’s application for cancellation of removal.

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

Respondent’s opposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Petitioner’s admission before the Immigration Judge that petitioner was convicted in Florida of strong arm robbery, a second degree felony, was sufficient to establish petitioner’s removability and his ineligibility for cancellation of removal due to the conviction of a crime of moral turpitude. See 8 U.S.C. § 1182 (a) (2) (A) (i) (I); 8 U.S.C. § 1229b(b)(1)(C); Platero-Cortez v. INS, 804 F.2d 1127, 1130 (9th Cir.1986) (“If the alien concedes deportability, ... the government’s burden is satisfied.”); Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1020 (9th Cir.2005) (holding that “crimes of theft or larceny are crimes involving moral…

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