Opinion
No. 11-70941
03-02-2015
BRUNO VILLAREAL-GARCIA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A036-012-215 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 9, 2015 Pasadena, California Before: KOZINSKI, CHRISTEN, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Board of Immigration Appeals (BIA) determined that Bruno Villareal-Garcia was statutorily ineligible for discretionary relief. Villareal petitions for review. We have jurisdiction to review legal questions under 8 U.S.C. § 1252(a)(2)(D), and we deny the petition.
The parties are familiar with the facts, so we do not recount them.
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1. The BIA found that Villareal served a five-year sentence for his attempted murder conviction. Substantial evidence supports that finding. Villareal was therefore statutorily ineligible for discretionary relief under 8 U.S.C. § 1182(c)(1992), which excludes "an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years."
2. Villareal is also statutorily ineligible for discretionary relief under 8 U.S.C. § 1182(h). The provision precludes relief when the individual has been convicted of attempted murder, or of any other aggravated felony, regardless of when the conviction took place. 8 U.S.C. § 1182(h); Immigration and Nationality Technical Corrections Act of 1994, Pub. L. No. 103-416, § 203, 108 Stat. 4311, 4318.
3. Villareal is statutorily ineligible for suspension of deportation under 8 U.S.C. § 1254(a)(2)(1996). His 1992 aggravated felony conviction barred him from making the required showing of good moral character. 8 U.S.C. § 1254(a)(2)(1996); 8 U.S.C. § 1101(f)(8); Lopez-Castellano v. Gonzales, 437 F.3d 848, 851 (9th Cir. 2006) (observing that § 1101(f)(8) applies to convictions entered on or after November 29, 1990).
Petition DENIED.