Zamora Elias v. Holder

FILED NOT FOR PUBLICATION JAN 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAMON ZAMORA ELIAS, No. 08-70282 Petitioner, Agency No. A096-047-788 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Ramon Zamora Elias, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his cancellation of removal application. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, * 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). Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review. Zamora Elias cannot establish the good moral character required for cancellation of removal because he participated in alien smuggling, see 8 U.S.C. §§ 1229b(b)(1)(B), 1101(f)(3), and the family unity waiver of inadmissibility under 8 U.S.C. § 1182(d)(11) is not available to aliens seeking to establish good moral character for the purposes of cancellation of removal, see Sanchez v. Holder, 560 F.3d 1028, 1030, 1032 (9th Cir. 2009) (en banc). PETITION FOR REVIEW DENIED. 2 08-70282