Jose Yanes v. U.S. Attorney General, No. 11-11935 (11th Cir. 2012)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 11-11935 JAN 10, 2012 Non-Argument Calendar JOHN LEY ________________________ CLERK Agency No. A094-443-089 JOSE SANTOS YANES, a.k.a. Jose S. Yanes Bonilla, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. __________________________ Petition for Review of a Decision of the Board of Immigration Appeals _________________________ (January 10, 2012) Before TJOFLAT, PRYOR and FAY, Circuit Judges. PER CURIAM: Jose Santos Yanes appeals the decision of the Board of Immigration Appeals that affirmed the denial of his application for cancellation of removal. 8 U.S.C. § 1229b(b)(1). The Board found that Yanes was ineligible for cancellation of removal because he had been convicted of a crime of domestic violence, id. § 1227(a)(2)(E)(i). We deny Yanes s petition. The decision of the Board is consistent with the plain language of the statutes that govern cancellation of removal. Section 1229b(b)(1) provides that, in cases of exceptional hardship, [t]he Attorney General may cancel removal of . . . an alien who is inadmissible or deportable if he has remained in the United States continually for ten years, has been a person of good moral character, and has not been convicted of an offense under . . . [8 U.S.C. §§] 1182(a)(2), 1227(a)(2), or 1227(a)(3). Section 1227(a)(2)(E)(i) prohibits an alien from committing any crime of violence . . . against a current or former spouse. Yanes does not deny that, in 2002, he was convicted in a Georgia court of hitting his wife, which is a disqualifying offense under sections 1229b(b)(1) and 1227(a)(2). See Matter of Cortez, 25 I. & N. Dec. 301, 310 (2010). Regardless of his status as an arriving alien or his eligibility for the exception for petty offenses, see 8 U.S.C. § 1182(a)(2)(A)(ii), Yanes is ineligible for cancellation of removal. See Matter of Almanza-Arenas, 24 I. & N. Dec. 771, 776 (2009). 2 We DENY Yanes s petition. 3
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