BRUNO VILLAREAL-GARCIA V. ERIC HOLDER, JR., No. 11-70941 (9th Cir. 2015)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 02 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRUNO VILLAREAL-GARCIA, Petitioner, No. 11-70941 Agency No. A036-012-215 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 9, 2015** Pasadena, California Before: KOZINSKI, CHRISTEN, and HURWITZ, Circuit Judges. The Board of Immigration Appeals (BIA) determined that Bruno VillarealGarcia was statutorily ineligible for discretionary relief.1 Villareal petitions for * 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 The parties are familiar with the facts, so we do not recount them. review. We have jurisdiction to review legal questions under 8 U.S.C. § 1252(a)(2)(D), and we deny the petition. 1. The BIA found that Villareal served a five-year sentence for his attempted murder conviction. Substantial evidence supports that finding. Villareal was therefore statutorily ineligible for discretionary relief under 8 U.S.C. § 1182(c)(1992), which excludes “an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.” 2. Villareal is also statutorily ineligible for discretionary relief under 8 U.S.C. § 1182(h). The provision precludes relief when the individual has been convicted of attempted murder, or of any other aggravated felony, regardless of when the conviction took place. 8 U.S.C. § 1182(h); Immigration and Nationality Technical Corrections Act of 1994, Pub. L. No. 103-416, § 203, 108 Stat. 4311, 4318. 3. Villareal is statutorily ineligible for suspension of deportation under 8 U.S.C. § 1254(a)(2)(1996). His 1992 aggravated felony conviction barred him from making the required showing of good moral character. 8 U.S.C. § 1254(a)(2)(1996); 8 U.S.C. § 1101(f)(8); Lopez-Castellano v. Gonzales, 437 F.3d 2 848, 851 (9th Cir. 2006) (observing that § 1101(f)(8) applies to convictions entered on or after November 29, 1990). Petition DENIED. 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.