Gerardo Huerta Valdenegro v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERARDO HUERTA VALDENEGRO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-72662
Agency No. A075-502-217
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Gerardo Huerta Valdenegro, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KS/Research 05-72662 2
removal because he lacked good moral character. We have jurisdiction pursuant to
8 U.S.C. § 1252. We review de novo a finding of statutory ineligibility for
cancellation of removal, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th
Cir. 2002), and we deny the petition for review.
To be eligible for cancellation of removal, an applicant must demonstrate
good moral character during the ten-year period described by the statute. See 8
U.S.C. § 1229b(b)(1)(B). Under 8 U.S.C. § 1101(f)(3), an individual described in
8 U.S.C. § 1182(a)(2)(A) cannot “be regarded as, or found to be, a person of good
moral character.” Section 1182(a)(2)(A)(i)(II), in turn, makes inadmissible an
individual who stands convicted of any law relating to a controlled substance.
Huerta Valdenegro admitted to pleading guilty to possession of methamphetamine
before the IJ. Because his conviction relates to a controlled substance within the
meaning of section 1182(a)(2)(A)(i)(II), the agency correctly determined that he is
statutorily barred from establishing good moral character.
In light of our disposition, we need not address Huerta Valdenegro’s
remaining contentions.
PETITION FOR REVIEW DENIED.

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