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NOT FOR PUBLICATION JAN 23 2014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