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Garcia-Mendez v. Lynch

United States Court of Appeals, Ninth Circuit

June 8, 2015

FRANCISCO GARCIA-MENDEZ, Petitioner,
v.
LORETTA E. LYNCH, Attorney General, Respondent

Argued and Submitted, Pasadena, California April 8, 2015.

Page 1059

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A077-975-209.

SUMMARY[**]

Immigration

The panel denied Francisco Garcia-Mendez's petition for review of the Board of Immigration Appeals' denial of his application for special rule cancellation of removal for battered spouses.

The panel held that Garcia-Mendez was not entitled to seek an 8 U.S.C. § 1182(h)(2) waiver of inadmissibility in conjunction with his special rule cancellation application. The panel held that an alien does not meet the definition of a Violence Against Women Act " self-petitioner" by sole virtue of being an applicant for special rule cancellation. The panel further held that an applicant for special rule cancellation does not become eligible to seek a § 1182(h) waiver by virtue of that status.

Martin C. Fontes (argued), Law Office of Martin C. Fontes, APC, Santa Ana, California, for Petitioner.

Meadow D. Platt (argued), Trial Attorney, Stuart F. Delery, Acting Assistant Attorney General, and Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: Andrew J. Kleinfeld and Richard R. Clifton, Circuit Judges and Richard Seeborg,[*] District Judge. Opinion by Judge Seeborg.

OPINION

Page 1060

Richard Seeborg, District Judge:

Francisco Garcia-Mendez petitions for review of an order by the Board of Immigration Appeals (" BIA" ) dismissing his challenge to a decision by an immigration judge (" IJ" ) denying his application for special rule cancellation of removal for battered spouses under 8 U.S.C. § 1229b(b)(2) (" special rule cancellation" ). We are asked to determine whether Garcia-Mendez was entitled to seek a waiver of inadmissibility under 8 U.S.C. § 1182(h)(2) (" section 212(h)" ) in conjunction with his application for special rule cancellation. We conclude that his status as a special rule cancellation applicant did not render him eligible to pursue a section 212(h) ...


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