Jesus Padilla-Martinez v. Eric Holder, Jr.

Jesus Padilla-Martinez seeks review of a series of decisions by the Board of Immigration Appeals (“BIA”) culminating in the BIA’s conclusion that his prior state-law drug offense qualified as an aggravated felony under 8 U.S.C. §§ 1101 (a)(43)(B), 1227(a)(2)(A)(iii), making him a deportable alien. Padilla-Martinez contends that his due-process rights were violated by the immigration proceedings that followed his incarceration for a conviction under California Health and Safety Code § 11378 (possession for sale of a controlled substance). We must decide whether Padilla-Martinez’s due-process rights were violated by BIA decisions that (1) allowed the Government multiple opportunities to prove Padilla-Martinez’s eligibility for deportation under the modified categorical approach and (2) admitted into evidence an uncertified transcript of the state-court felony change-of-plea proceedings.

I

Padilla-Martinez is a native and citizen of Mexico. He first entered the United States without inspection, but later became a lawful permanent resident by adjusting his status. In March 2008, Padilla-Martinez was indicted for possession for sale of a controlled substance,…