Miguel Fuentes-Ramos v. Eric H. Holder Jr. , 388 F. App'x 601 ( 2010 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            JUL 19 2010
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    MIGUEL FUENTES-RAMOS,                            No. 08-71480
    Petitioner,                       Agency No. A077-137-137
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted June 29, 2010 **
    Before:        ALARCÓN, LEAVY, and GRABER, Circuit Judges.
    Miguel Fuentes-Ramos, a native and citizen of Mexico, petitions for review
    of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
    immigration judge’s order denying his application for cancellation of removal. We
    have jurisdiction under 
    8 U.S.C. § 1252
    . We review de novo questions of law,
    *
    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).
    Castillo-Cruz v. Holder, 
    581 F.3d 1154
    , 1158-59 (9th Cir. 2009), and deny the
    petition for review.
    Applying the modified categorical approach, we agree with the BIA’s
    conclusion that Fuentes-Ramos’ conviction for aggravated driving under the
    influence, in violation of Ariz. Rev. Statutes § 28-1383(A)(1), is a crime involving
    moral turpitude because the plea transcript evidences that he knew that he did not
    have a driver’s license and was actually driving the vehicle at the time he
    committed the offense. Marmolejo-Campos v. Holder, 
    558 F.3d 903
    , 917 (9th Cir.
    2009) (en banc). The BIA did not err in denying Fuentes-Ramos’ cancellation of
    removal application because his conviction barred him from establishing good
    moral character within the relevant statutory period. 
    8 U.S.C. §§ 1101
    (f)(3),
    1229b(b)(1)(B).
    PETITION FOR REVIEW DENIED.
    2                                     08-71480
    

Document Info

Docket Number: 08-71480

Citation Numbers: 388 F. App'x 601

Judges: Alarcon, Graber, Leavy

Filed Date: 7/19/2010

Precedential Status: Non-Precedential

Modified Date: 8/3/2023