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Perez-Melendez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 566 (9th Cir. 2012)

Opinion

No. 10-73954 Agency No. A070-931-839

01-24-2012

ADA CRISTINA PEREZ-MELENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 17, 2012

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

Ada Cristina Perez-Melendez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's decision pretermitting her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence the agency's findings of fact, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), we deny the petition for review.

Substantial evidence supports the agency's finding that Perez-Melendez was statutorily barred from establishing good moral character under 8 U.S.C. § 1101(f)(1), and therefore ineligible for cancellation of removal, based on Perez-Melendez's testimony that she had a drinking problem, had three convictions for driving under the influence that occurred while she was in removal proceedings, and had been mandated by the state to attend a rehabilitation program. See 8 U.S.C. § 1229b(b)(1)(B).

In light of our disposition, we need not address Perez-Melendez's remaining contentions.

PETITION FOR REVIEW DENIED.


Summaries of

Perez-Melendez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 566 (9th Cir. 2012)
Case details for

Perez-Melendez v. Holder

Case Details

Full title:ADA CRISTINA PEREZ-MELENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 24, 2012

Citations

467 F. App'x 566 (9th Cir. 2012)