Rosanes

MEMORANDUM

Arnel Pavón Rosanes (“Rosanes”), a native and citizen of the Philippines and lawful permanent resident of the United States, petitions for review of a decision by the Board of Immigration Appeals (“BIA”), affirming the immigration judge’s (“IJ”) decision that he was removable pursuant to Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(iii) ( 8 U.S.C. § 1227 (a)(2)(A)(iii)), for having committed an aggravated felony in 1987. The BIA held that Rosanes was additionally removable pursuant to INA § 237(a)(2)(A)(ii) ( 8 U.S.C. § 1227 (a)(2)(A)(ii)) for having committed two crimes involving moral turpitude (“CIMT”), one being the failure to register as a sex offender under California law.

Several significant legal changes have occurred since the BIA issued its decision in this case. In Ledezma-Galicia v. Holder, 636 F.3d 1059 (9th Cir.2010), we concluded that neither the Immigration Act of 1990 nor the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 impliedly repealed a prospective-only provision of the Anti-Drug Abuse Act of 1988, which made aliens deportable for aggravated felony convictions that took place on or after November 18, 1988. Id. at…