Vic Videz v. Eric Holder, Jr.

MEMORANDUM

Vic Pascual Videz (Videz) petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal of the denial of cancellation of removal. Videz contends that he was not removable because neither of his assault convictions qualified as a crime involving moral turpitude (CIMT). In addition, Vi-dez asserts that his due process rights were violated because the Immigration Judge (IJ) considered facts outside his record of conviction and impermissibly questioned witnesses. Videz also maintains that his equal protection rights were violated because other aliens convicted of assault have been granted cancellation of removal.

The BIA properly declined to address Videz’s challenge to his convictions, raised for the first time before the BIA, because Videz’s admission that he was removable based on his commission of a CIMT was binding. See Perez-Mejia, v. Holder, 663 F.3d 403, 414 (9th Cir.2011), as amended (holding that “if at the ... pleading stage an alien, individually or through counsel, makes admissions of fact or concedes re-movability, and the IJ accepts them, no further evidence concerning the issues of fact admitted or law conceded is…