NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 03 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ENRIQUE ALEJANDRO REYES No. 08-74645
OTERO,
Agency No. A074-798-747
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
ENRIQUE ALEJANDRO REYES No. 09-70414
OTERO,
Agency No. A074-798-747
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted November 1, 2010**
Pasadena, California
Before: SCHROEDER, TALLMAN and M. SMITH, Circuit Judges.
Enrique Alejandro Reyes Otero petitions for review of the Board of
Immigration Appeals’ (“BIA”) denial of his motion to reconsider. We have
jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition for review.
The parties are familiar with the facts of the case so we do not repeat them
here. The BIA’s factual determination that Reyes Otero was sentenced to
imprisonment for a period of a year or more is supported by substantial evidence.
See § 1252(b)(4)(B); see also Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.
2006). By its plain terms, the docket record reflects a cumulative imposed
sentence of 457 days.
Because Reyes Otero was sentenced to a year or more of imprisonment for
committing a crime of violence, he is statutorily ineligible for relief under section
203(c) of the Nicaraguan Adjustment and Central American Relief Act
(“NACARA”). 8 C.F.R. § 1240.65(a) (“To establish eligibility for suspension of
deportation under this section, the applicant must . . . not have been convicted of an
aggravated felony . . . .”); see also 8 U.S.C. 1101(a)(43)(F) (defining “aggravated
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2
felony” as a crime of violence . . . for which the term of imprisonment [is] at least
one year). On this record, Reyes Otero cannot demonstrate that he may have been
prejudiced by the claimed failure of his prior counsel to seek relief under
NACARA.
PETITION FOR REVIEW DENIED.
3