Miguel Fuentes-Ramos 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL FUENTES-RAMOS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71480
Agency No. A077-137-137
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Miguel Fuentes-Ramos, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s order denying his application for cancellation of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71480 2
Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and deny the
petition for review.
Applying the modified categorical approach, we agree with the BIA’s
conclusion that Fuentes-Ramos’ conviction for aggravated driving under the
influence, in violation of Ariz. Rev. Statutes § 28-1383(A)(1), is a crime involving
moral turpitude because the plea transcript evidences that he knew that he did not
have a driver’s license and was actually driving the vehicle at the time he
committed the offense. Marmolejo-Campos v. Holder, 558 F.3d 903, 917 (9th Cir.
2009) (en banc). The BIA did not err in denying Fuentes-Ramos’ cancellation of
removal application because his conviction barred him from establishing good
moral character within the relevant statutory period. 8 U.S.C. §§ 1101(f)(3),
1229b(b)(1)(B).
PETITION FOR REVIEW DENIED.

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