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GARCIA-MENDOZA v. HOLDER

No. 13-9531.

753 F.3d 1165 (2014)

Enrique GARCIA-MENDOZA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. American Immigration Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 2, 2014.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Sandra Saltrese-Miller , Saltrese, Faville & DeSeguin, LLC, Denver, CO, Ingrid J. DeFranco , Law Office of Ingrid J. DeFranco, Brighton, CO, and Ben Winograd , Immigrant & Refugee Appellate Center, LLC, Alexandria, VA, for Petitioner.

Stuart F. Delery , Assistant Attorney General, Civil Division, Douglas E. Ginsburg , Assistant Director, Office of Immigration Litigation, and Julie S. Saltman , Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Maris J. Liss , Farmington Hills, MI, Aaron C. Hall , Aurora, CO, and Mark R. Barr , Denver, CO, filed an amicus brief on behalf of American Immigration Lawyers Association.

Before BRISCOE, Chief Judge, PORFILIO and O'BRIEN, Circuit Judges.

BRISCOE, Chief Judge.

Enrique Garcia-Mendoza petitions for review of the Board of Immigration Appeals' (BIA) decision upholding the Immigration Judge's (IJ) denial of his request for cancellation of removal. The agency determined that he was ineligible for such relief because he could not establish that he "ha[d] been a person of good moral character," 8 U.S.C. § 1229b(b)(1)(B), due to his confinement in a penal institution for more than 180 days, see...

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