Guillermo Perez-Aguilar v. Eric Holder, Jr.

MEMORANDUM

Guillermo Perez-Aguilar (“Perez-Aguilar”) petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of a final order of removal. The BIA held that Perez-Aguilar had been convicted of a crime involving moral turpitude (“CIMT”) and was thus ineligible for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Perez-Aguilar is a native and citizen of Mexico, born in 1978, who entered the U.S. in 1996 without inspection. On April 26, 2009, the Department of Homeland Security (“DHS”) served Perez-Aguilar with a Notice to Appear, charging him with re-movability under 8 U.S.C. § 1182 (a)(6)(A)(I) as a person present in the United States without being admitted or paroled, although these initial proceedings were not concluded. In July 2011, Perez-Aguilar pled guilty to felony endangerment in Arizona under Arizona Revised Statute § 13-1201 and misdemeanor driving under the influence of intoxicating liquor or drugs under Arizona Revised Statute § 28-1381(A)(l). DHS thereafter re-initiated the removal proceedings on July 30, 2012, due to Perez-Aguilar’s conviction. Perez-Aguilar conceded removability,…