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Reynoso-Rodriguez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 26, 2012
488 F. App'x 238 (9th Cir. 2012)

Opinion

No. 08-72342 Agency No. A037-426-676

10-26-2012

RAUDEL REYNOSO-RODRIGUEZ, AKA Raudel Rodriguez-Reynoso, Petitioner, v. ERIC H. HOLDER JR., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals


Pasadena, California

Before: GOODWIN, KLEINFELD, and GRABER, Circuit Judges.

Petitioner Raudel Reynoso-Rodriguez petitions for review of a BIA order upholding the IJ's decision that he is ineligible for cancellation of removal because he failed to prove that he did not commit an aggravated felony. We have jurisdiction under 8 U.S.C. § 1252. We reject Petitioner's arguments and deny his petition for review.

We review de novo whether a conviction qualifies as an aggravated felony. Young v. Holder, No. 07-70949, 2012 WL 4074668, at *2 (9th Cir. Sept. 17, 2012) (en banc). Petitioner pleaded guilty to a conjunctively worded criminal information where some of the charged conduct constituted an aggravated felony, and other charged conduct did not. This plea to a charge worded in the conjunctive did not by itself establish that Petitioner committed each of the charged offenses. Id. at *7. But neither did it establish the contrary. Showing that the record is inconclusive does not meet Petitioner's burden to prove that he was not convicted of an aggravated felony. Id. at *9-10. Petitioner has failed to prove his eligibility for cancellation of removal, so we deny his petition for review.

DENIED.


Summaries of

Reynoso-Rodriguez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 26, 2012
488 F. App'x 238 (9th Cir. 2012)
Case details for

Reynoso-Rodriguez v. Holder

Case Details

Full title:RAUDEL REYNOSO-RODRIGUEZ, AKA Raudel Rodriguez-Reynoso, Petitioner, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 26, 2012

Citations

488 F. App'x 238 (9th Cir. 2012)