Alberto Aguirre-Diaz v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JAN 23 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALBERTO AGUIRRE-DIAZ, No. 12-72529 Petitioner, Agency No. A087-451-062 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Alberto Aguirre-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. * 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 12-72529 § 1252. We review de novo legal determinations regarding eligibility for cancellation of removal. Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1194 (9th Cir. 2006). We deny the petition for review. Aguirre-Diaz conceded that he was confined to more than 180 days of pre- trial detention credited against his six-month sentence, and that he is unable to establish good moral character under Arreguin-Moreno v. Mukasey, 511 F.3d 1229 (9th Cir. 2008). Thus the agency correctly determined that Aguirre-Diaz failed to establish the requisite good moral character to qualify for cancellation of removal. See 8 U.S.C. § 1101(f)(7) (a petitioner cannot meet the good moral character requirement if confined 180 days or more in a penal institution); Arreguin-Moreno, 511 F.3d at 1233 (holding “that when 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)”). Aguirre-Diaz’s attempts to distinguish his case from Arreguin-Moreno are unavailing because he was sentenced to more than 180 days following his conviction, regardless of whether he should have been given bail before his conviction. See 8 U.S.C. § 1101(f)(7). PETITION FOR REVIEW DENIED. 2 12-72529