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Magana v. Holder

United States Court of Appeals, Ninth Circuit
Oct 26, 2010
401 F. App'x 200 (9th Cir. 2010)

Opinion

No. 09-71232.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 26, 2010.

John Martin Pope, Pope Associates, PC, Phoenix, AZ, for Petitioner.

Channah Farber, OIL, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A072-232-210.

Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.



MEMORANDUM

The Panel Unaimously conculdes this case is Suitable for decision Without oral argument. See Fed.R.App.P. 34(a)(2).

Lorenzo Magana, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir. 2004), and we deny the petition for review.

Magana's conviction for receipt of stolen property in violation of Cal.Penal Code § 496(a) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). See Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1060-61 (9th Cir. 2009).

We disagree with Magana's contention that his conviction records do not constitute admissible evidence. See Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1196-97 (9th Cir. 2006) (holding that "[t]he guiding principle is that proper authentication requires some sort of proof that the document is what it purports to be").

PETITION FOR REVIEW DENIED.


Summaries of

Magana v. Holder

United States Court of Appeals, Ninth Circuit
Oct 26, 2010
401 F. App'x 200 (9th Cir. 2010)
Case details for

Magana v. Holder

Case Details

Full title:Lorenzo MAGANA, a.k.a. Lorenzo Magana-Mendoza, Petitioner, v. Eric H…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 26, 2010

Citations

401 F. App'x 200 (9th Cir. 2010)