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Sumbundu v. Holder

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Argued: March 12, 2009

Before: CALABRESI and LIVINGSTON, Circuit Judges, and RESTANI, Judge.*fn2

Petitioners Ebrima Sumbundu and Fatoumata Yaffa, husband and wife, seek review of an August 17, 2007 decision of the Board of Immigration Appeals (“BIA”) that affirmed the Immigration Judge’s (“IJ”) November 30, 2005 denial of their applications for cancellation of removal. In re Sumbundu, No. A73 648 267 (B.I.A. Dec. Aug. 17, 2007), aff’g Nos. A73 648 267 and No. A98 279 414 (Immig. Ct. N.Y. City Nov. 30, 2005). The IJ rejected Petitioners’ applications in part because he found that Sumbundu and Yaffa failed to demonstrate the good moral character required for obtaining cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1)(B). In reaching this conclusion, the IJ did not rely on any of the listed 8 U.S.C. § 1101(f) categories that preclude a finding of good moral character; instead, as the BIA explained, his ruling relied on the “catchall” provision of § 1101(f), which provides that although a petitioner’s conduct may fall outside one of these enumerated categories, that fact does not bar “a finding that for other reasons such person is or was not of good moral character.”

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