Jesus Gomez Rodriguez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS GOMEZ RODRIGUEZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-622
Agency No.
A205-065-484
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 16, 2023**
Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.
Jesus Gomez Rodriguez, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his applications for
cancellation of removal and voluntary departure. We have jurisdiction under
8 U.S.C. § 1252. We review de novo questions of law. Gomez-Lopez v.
* This disposition is not appropriate for publication and is not
precedent except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 30 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-622
Ashcroft, 393 F.3d 882, 885 (9th Cir. 2005). We deny the petition for review.
The BIA did not err in concluding that Gomez Rodriguez is statutorily
precluded from establishing good moral character for cancellation of removal
and voluntary departure because he was incarcerated, as a result of a conviction,
for more than 180 days during the relevant periods. See 8 U.S.C.
§§ 1229b(b)(1)(B) (petitioner must have been a person of “good moral
character” during the 10 years preceding the filing of an application for
cancellation of removal), 1229c(b)(1)(B) (petitioner must have been a person of
“good moral character for at least 5 years immediately preceding” the
application for voluntary departure), 1101(f)(7) (applicant cannot be found to
have good moral character, as a matter of law, if incarcerated for 180 days or
more during the relevant period); see also Arreguin-Moreno v. Mukasey, 511
F.3d 1229, 1233 (9th Cir. 2008) (“[W]hen pre-trial detention is credited against
the sentence imposed upon conviction, the period of pre-trial detention must be
considered as confinement as a result of a conviction within the meaning of
§ 1101(f)(7).”).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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