Victor Mendoza Medina v. Eric Holder, Jr.

Good Law
542 F. App'x 621
United States Court of Appeals for the Ninth CircuitOctober 17, 201319-70689California1,044 words

Opinion

Opinion

MEMORANDUM

Victor Medina, a native and citizen of Bolivia, petitions for review of three decisions by the Board of Immigration Appeals (“BIA”). We grant in part, dismiss in part, and deny in part the petitions for review and remand to the BIA.

In December 2007, the BIA affirmed a decision by an Immigration Judge (“IJ”) concluding that Medina was not eligible for cancellation of removal under 8 U.S.C. § 1229b(a) because he was convicted of an aggravated felony. While residing in the United States as a lawful permanent resident, Medina was twice convicted of misdemeanor possession of crack cocaine. The BIA deemed his second conviction an aggravated felony under its decision in In re Carachuri-Rosendo, 24 I. & N. Dec. 382 (B.I.A.2007) (en banc).

After being removed to Bolivia, Medina attempted to reenter the United States. While he was detained in Arizona, the United States Supreme Court reversed the BIA’s decision in Carachuri-Rosendo , which was the basis for the BIA’s determination in December 2007 that Medina was not eligible for cancellation of removal. See Carachuri-Rosendo v. Holder, 560 U.S. 563 , 130 S.Ct. 2577, 2589-90 , 177 L.Ed.2d 68 (2010).

In November 2010, the BIA…

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