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NOT FOR PUBLICATION JAN 23 2014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).

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§ 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.

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