Gutierrez

Gutierrez v. Mukasey

Good Law
273 F. App'x 596
United States Court of Appeals for the Ninth CircuitApril 2, 2008Nos. 04-75650, 06-70551California1,369 words

Opinion

Lead Opinion

MEMORANDUM *

Martha Cervantes Serrano (“Cervantes”) and her daughter Alma Serrano-Cervantes (“Alma”) petition for review of a final order issued by the Board of Immigration Appeals (“BIA”), summarily affirming the Immigration Judge’s (“IJ”) denial of them applications for cancellation of removal. 1 They also petition for review of the BIA’s denial of them motion to reopen. To the extent that it exists, we have jurisdiction pursuant to 8 U.S.C. § 1252 . 2 We must accord Chevron deference to the BIA’s statutory interpretations of the Immigration and Naturalization Act (“INA”). INS v. Aguirre-Aguirre, 526 U.S. 415, 424 , 119 S.Ct. 1439 , 143 L.Ed.2d 590 (1999) (citing Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984)).

Under INA section 240A(b)(1) the Attorney General may cancel removal of an alien deportable from the United States if the alien: “(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under…

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