Zamora-Rios

MEMORANDUM *

Israel Zamora-Rios, a citizen of Mexico, entered the United States without inspection in November 1990. He was convicted of domestic violence offenses under Cal.Penal Code § 273.5(a) in 1994 and 2000. In January 2001, the former Immigration and Naturalization Service commenced removal proceedings on the basis of his illegal entry. See INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182 (a)(6)(A)(i).

Zamora-Rios applied for cancellation of removal pursuant to INA § 240A(b), 8 U.S.C. § 1229b(b), and requested a waiver of inadmissibility under INA § 212(h)(1)(B), 8 U.S.C. § 1182 (h)(1)(B). The immigration judge (“IJ”) pretermitted his application for cancellation of removal on the basis that his domestic violence convictions statutorily precluded him from establishing that: (1) he was a person of good moral character, required by INA § 240A(b)(l)(B), 8 U.S.C. § 1229b(b)(l)(B); and (2) he had not been convicted of an offense under INA § 237(a)(2), 8 U.S.C. § 1227 (a)(2), required by INA § 240A(b)(l)(C), 8 U.S.C. § 1229b(b)(l)(C). The IJ ruled that a waiver of inadmissibility under INA § 212(h) could not cure Zamora-Rios’s statutory ineligibility for a cancellation of removal. She…