Santiago Gomez-Hernandez v. Eric Holder, Jr.

MEMORANDUM

Petitioner Santiago Gomez-Hernandez petitions this court for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing Petitioner’s appeal of the immigration judge’s (“IJ”) order of removal.

1. The BIA properly determined that Petitioner was removable based on counsel’s concession at the merits hearing before the IJ. That concession was a judicial admission binding on Petitioner. See Hakopiani v. Mukasey, 551 F.3d 843, 846 (9th Cir.2008).

2. The BIA also properly rejected Petitioner’s argument that the Government initiated removal proceedings against Petitioner based on information pertaining to the denial of his legalization application. The record is clear, and Petitioner admitted, that Petitioner is a citizen or national of Mexico, that he applied to adjust his status, and that his application was denied. The Government only served Petitioner with a Notice to Appear after that denial issued, and there is no indication in the record that the removability charges against Petitioner were based on his prior legalization proceedings.

3. The record supports the IJ’s conclusion that Petitioner testified untruthfully about the occasions on which he had made…