Arturo Leon-Vazquez v. Jefferson Sessions, III

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARTURO LEON-VAZQUEZ, AKA Eddie No. 16-74037 Sanchez-Munoz, Agency No. A205-991-561 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Arturo Leon-Vazquez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the * 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). agency’s factual findings, and review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s finding that Leon-Vazquez was confined to a penal institution for an aggregate period of more than 180 days during the statutory time period, and therefore cannot show good moral character for cancellation of removal. See 8 U.S.C. §§ 1101(f)(7), 1229b(b)(1)(B); 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).”) We reject Leon-Vazquez’s challenges to the good moral character requirement. See Romero-Ochoa v. Holder, 712 F.3d 1328, 1331 (9th Cir. 2013) (concluding that 8 U.S.C. § 1101(f)(7) is constitutional in the context of cancellation of removal and voluntary departure under 8 U.S.C. §§ 1229b(b)(1), 1229c(b)(1)). PETITION FOR REVIEW DENIED. 2 16-74037