United States Ninth Circuit

The BIA properly denied petitioner cancellation of removal for failure to demonstrate good moral character, due to his conviction and period of incarceration for vehicular manslaughter where: 1) plausible reasons support 8 USC section 1101(f)(7)'s conclusive presumption that an individual lacks good moral character based on a period of incarceration rather than on the nature of the criminal conduct where Congress rationally concluded that most aliens convicted of crimes warranting at least six months of incarceration lack the good moral character to warrant discretionary relief from removal; and 2) section 1101(f)(7)'s reliance on periods of incarceration generated by state sentencing regimes that are not uniform in operation did not violate equal protection principles.

Appellate Information

• Decided 04/10/2013
• Published 04/10/2013

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel