Bruno Villareal-Garcia v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRUNO VILLAREAL-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70941
Agency No. A036-012-215
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 9, 2015**
Pasadena, California
Before: KOZINSKI, CHRISTEN, and HURWITZ, Circuit Judges.
The Board of Immigration Appeals (BIA) determined that Bruno Villareal-
Garcia was statutorily ineligible for discretionary relief.1 Villareal petitions for
FILED
MAR 02 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
1 The parties are familiar with the facts, so we do not recount them.

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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-Castellano v. Gonzales, 437 F.3d
2

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848, 851 (9th Cir. 2006) (observing that § 1101(f)(8) applies to convictions entered
on or after November 29, 1990).
Petition DENIED.
3

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