Jose Cruz v. Eric Holder, Jr.

MEMORANDUM

Jose Santos Cruz, a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) decision finding Cruz inadmissible as charged and statutorily ineligible for NA-CARA “special-rule” cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition as to Cruz’s withholding claim and deny as to all remaining claims.

1. NACARA special-rule cancellation of removal and asylum

Cruz was convicted of receipt of stolen property, in violation of Cal.Penal Code § 496.1, for which he was sentenced to one year’s incarceration. Cruz’s conviction qualifies as an aggravated felony. 8 U.S.C. § 1101 (a)(43)(G); Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1060-61 (9th Cir.2009). He is therefore ineligible for special-rule cancellation of removal and asylum. 8 C.F.R. § 1240.61 (b); 8 U.S.C. § ,1158(b)(2)(B)(i). That Cruz’s conviction was subsequently reduced to a misdemean- or does not affect the immigration consequences of the conviction. Ceron v. Holder, 747 F.3d 773, 777 (9th…