Bruno Villareal-Garcia v. Eric Holder, Jr.

594 F. App'x 432

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 2, 2015
• Docket: 11-70941
• Status: Unpublished

Opinion

MEMORANDUM **

The Board of Immigration Appeals (BIA) determined that Bruno Villareal- Garcia was statutorily ineligible for discretionary relief. 1 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.

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-Castellanos 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.

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

1 . The parties are familiar with the facts, so we do not recount them.