Robleto-Pastora

Robleto-Pastora v. Holder

Good Law
567 F.3d 437·2009 WL 1459448
United States Court of Appeals for the Ninth CircuitMay 27, 200907-71492, 07-72091California6,413 words

Opinion

Opinion

Callahan, J.

Jorge Filadelfo Robleto-Pastora (“Robleto” or “petitioner”), born June 5, 1960, is a native and citizen of Nicaragua who entered the United States in 1984, was granted asylum, then adjusted status to that of lawful permanent resident (sometimes referred to herein as “LPR”) in 1988. Following his 2005 forgery conviction in Oregon state court, petitioner was ordered removed as an aggravated felon pursuant to sections 237(a)(2)(A)(iii) and 101(a)(43)(R) of the Immigration and Nationality Act (“INA”). 8 U.S.C. §§ 1227 (a)(2)(A)(iii), 1101(a)(43)(R). He petitions for review of the removal order, and the denial of his motion to reconsider that order. We deny both petitions.

I.

A. Factual Background

Robleto and several of his family members left Nicaragua in the mid-1980s when the Sandinistas rose to power. In 1986, he and other family members were granted asylum pursuant to section 208 of the INA. See 8 U.S.C. § 1158 . On October 2, 1988, he adjusted his status to lawful permanent resident pursuant to section 209(b). 8 U.S.C. § 1159 (b).

In October 2004, Robleto was arrested and charged in Oregon state court with forgery-related offenses involving the distribution of false…

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