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Luna-Arevalo v. Holder
Citation: 341 F. App'x 290Docket: No. 04-70651
Court: Court of Appeals for the Ninth Circuit; July 6, 2009; Federal Appellate Court
Mario Luna-Arevalo, a Mexican national, petitions for review of a Board of Immigration Appeals (BIA) order that dismissed his appeal against an immigration judge’s removal order. The jurisdiction is based on 8 U.S.C. § 1252. The court denies part of the petition and dismisses part of it. Upon de novo review, the court rejects Luna-Arevalo’s claim for cancellation of removal based on Matter of Garcia-Hernandez, which pertains to crimes involving moral turpitude. The BIA found that Luna-Arevalo was convicted of domestic violence, making him ineligible for cancellation of removal under 8 U.S.C. §§ 1227(a)(2)(E) and 1229b(b)(1)(C). The court affirms that Congress intended to exclude aliens with domestic violence convictions from eligibility for cancellation of removal, and this legislative choice does not violate constitutional principles. Additionally, the court states it lacks jurisdiction to consider Luna-Arevalo’s arguments regarding removability and ineffective assistance of counsel, as these issues were not exhausted in his appeal to the BIA. The petition for review is therefore partially denied and partially dismissed, with the disposition noted as not suitable for publication and not serving as precedent, except as specified by 9th Cir. R. 36-3.