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Wences-Cruz v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 251 (9th Cir. 2008)

Opinion

No. 08-71462.

Submitted August 11, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 18, 2008.

Marc A. Karlin, Esquire, Karlin Karlin, APC, Los Angeles, CA, for Petitioner.

Greg D. Mack, Esquire, OIL, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A98-933-945.

Before: CANBY, LEAVY, and KLEINFELD, Circuit Judges.



MEMORANDUM

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


Petitioner's motion to extend the deadline to file a response to this court's April 15, 2008 order to show cause is granted. The Clerk shall file the response received May 14, 2008.

The Board of Immigration Appeals properly found petitioner ineligible for cancellation of removal due to his 1999 conviction for domestic violence under California Penal Code § 273.5(a). See 8 U.S.C. § 1229b(b)(1)(C), incorporating 8 U.S.C. § 1227(a)(2)(E). Petitioner's contention that he was eligible for cancellation because his conviction is not a crime involving moral turpitude is inapposite.

The questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). Respondent's motion for summary disposition is therefore granted.

All other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.


Summaries of

Wences-Cruz v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
289 F. App'x 251 (9th Cir. 2008)
Case details for

Wences-Cruz v. Mukasey

Case Details

Full title:Odilon WENCES-CRUZ, Petitioner, v. Michael B. MUKASEY, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2008

Citations

289 F. App'x 251 (9th Cir. 2008)