Cano-Diego

Cano-Diego v. Mukasey

Good Law
254 F. App'x 698
United States Court of Appeals for the Ninth CircuitNovember 20, 2007No. 06-73690California530 words

Opinion

Lead Opinion

MEMORANDUM **

Cano-Diego, a Guatemalan native and citizen, petitions for review of the Board of Immigration Appeals (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying cancellation of removal.

Cano-Diego conceded he was removable as charged under 8 U.S.C. § 1227 (a)(2)(B)(i) for his conviction for possession of drug paraphernalia in violation of Arizona Revised Statutes § 13-3407, and under 8 U.S.C. § 1227 (a)(2)(C) for his conviction for the unlawful discharge of a firearm in violation of Arizona *700 Revised Statutes § 13-3107. Cano-Diego applied for cancellation of removal.

An IJ conducted hearings on Cano-Diego’s application for cancellation of removal but, for reasons unknown, withdrew from the case before issuing an opinion. Another IJ took over Cano-Diego’s case, pursuant to 8 C.F.R. § 1240.1 (b), and issued an opinion which described the record testimony and documentary evidence in detail. The opinion denied cancellation of removal after weighing the positive and negative factors in Cano-Diego’s application.

I.

Cano-Diego challenges the substitution of IJs between his merits hearings and the decision as a violation of his due…

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