In a petition for review of the BIA's denial of petitioner's motion to reopen his removal proceeding, the petition is denied where petitioner was statutorily ineligible under 8 U.S.C. section 1229b(b) for cancellation of removal based on his conviction for corporal injury to a spouse, an offense described in 8 U.S.C. section 1227(a)(2), and the petty offense exception in 8 U.S.C. section 1182(a)(2) was inapplicable.
Argued and Submitted November 2, 2009
Filed January 6, 2010
Opinion by Judge Nelson
Robert F. Jacobs, Downey, CA
Lyle D. Jentzer, Department of Justice, Washington, DC