Cruz-Marquina v. Mukasey, No. 08-60050 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-60050 Summary Calendar December 23, 2008 Charles R. Fulbruge III Clerk MIGUEL CRUZ-MARQUINA Petitioner v. MICHAEL B MUKASEY, U S ATTORNEY GENERAL Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A37 567 148 Before WIENER, STEWART and CLEMENT, Circuit Judges. PER CURIAM:* Miguel Cruz-Marquina petitions this court for review of an order from the Board of Immigration Appeals (BIA). The BIA affirmed the Immigration Judge s decision granting the respondent s motion to pretermit Cruz-Marquina s request for a waiver of removal pursuant to former INA § 212(c) and ordering Miguel Cruz-Marquina removed from the United States. Cruz-Marquina contends that the BIA erred by determining that he was ineligible for relief pursuant to § 212(c). Specifically, he avers that he is entitled to § 212(c) relief because his * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 08-60050 indecency with a child offense is comparable to a crime involving moral turpitude. Cruz-Marquina s arguments in support of his petition for review are foreclosed by our precedent. See Vo v. Gonzales, 482 F.3d 363 (5th Cir. 2007); Avilez-Granados v. Gonzales, 481 F.3d 869, 871-72 (5th Cir. 2007). CruzMarquina s petition for review is DENIED. 2

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