Guerra

Guerra v. Mukasey

Good Law
267 F. App'x 599
United States Court of Appeals for the Ninth CircuitFebruary 20, 2008No. 04-73541California400 words

Opinion

lead Opinion

MEMORANDUM **

Petitioner Jose Moisés Gomez Guerra (“Gomez Guerra”) petitions for review of the Board of Immigration Appeals’s (“BIA”) streamlined affirmance of his final order of removal. After conceding removability, Gomez Guerra filed an application for cancellation of removal. The Immigration Judge (“IJ”) denied his application, finding him ineligible because of a prior conviction for violating a protection order. See 8 U.S.C. § 1227 (a)(2)(E)(ii) (an alien who has been convicted of violating a protection order is deportable); id. § 1229b(b)(l)(C) (an admitted alien is not eligible for cancellation of removal if that alien has been convicted of an offense under § 1227(a)(2)). Alternatively, the IJ concluded that even if Gomez Guerra was eligible for this form of relief, he had failed to show the requisite good moral character. See id. § 1229b(b)(l)(B); id. § 1101(f) (“The fact that any person is not within any of the [per se categories of exclusion] shall not preclude a finding that for other reasons such person is or was not of good moral character.”). The BIA summarily affirmed.

We have jurisdiction to review whether Gomez Guerra is eligible for cancellation of removal, see…

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