Ronald Gomez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONALD GOMEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-72799
Agency No. A028-812-719
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 20, 2015 **
San Francisco, California
Before: MELLOY, *** IKUTA, and HURWITZ, Circuit Judges.
Ronald Gomez petitions for review of a Board of Immigration Appeals
(“BIA”) decision affirming the determination by an immigration judge (“IJ”) that
Gomez is ineligible for special rule cancellation of removal under section 203 of the
* 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).
*** The Honorable Michael J. Melloy, Senior Circuit Judge for the U.S. Court of
Appeals for the Eighth Circuit, sitting by designation.
FILED
NOV 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
Nicaraguan Adjustment and Central American Relief Act (“NACARA”), Pub. L.
No. 105-100, 111 Stat. 2160 (1998). We deny the petition.
When he applied for cancellation of removal, Gomez had two criminal
convictions, a 1996 conviction for petit larceny, and a 2005 conviction for domestic
battery. Although the 1996 conviction fell within the petty offense exception of
Immigration and Nationality Act (“INA”) § 212(a)(2)(A)(ii), 8 U.S.C.
§ 1182(a)(2)(A)(ii), Gomez does not dispute that the 2005 conviction was for a crime
involving moral turpitude. See Uppal v. Holder, 605 F.3d 712, 717-18 (9th Cir.
2010). Gomez therefore became inadmissible under INA § 212(a)(2)(A)(i)(I) on
March 31, 2005, the date of the second conviction. And, as a consequence of the
second conviction, Gomez could not establish the requisite ten-year good moral
character requirement for cancellation of removal under NACARA § 203(B).
PETITION DENIED.

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