Singh

Singh v. Holder

Good Law
357 F. App'x 760
United States Court of Appeals for the Ninth CircuitNovember 16, 200907-73440California937 words

Opinion

Opinion

MEMORANDUM

Deo Kumar Singh petitions for review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal of an immigration judge’s (“IJ”) decision pretermit-ting his application for an INA § 212(c) waiver of inadmissability and his applications for cancellation of removal, withholding of removal, and relief under the Convention Against Torture. We deny the petition.

I

The BIA did not err in relying on a printout of the hearing minutes from Singh’s sentencing hearing to determine the length of Singh’s sentence for the purposes of making a per se “particularly serious crime” determination under 8 U.S.C. § 1231 (b)(3)(B). See Anaya-Ortiz v. Mukasey, 553 F.3d 1266, 1274-77 (9th Cir.2009) (all reliable information may be considered in making a particularly serious crime determination). The hearing minutes, drafted by a court clerk in the course of the clerk’s official duties, are sufficiently reliable under Anayctr-Oriiz.

The hearing minutes sufficiently establish Singh’s sentence to a six-year term of imprisonment. When read in light of the statutory language of Cal.Penal Code § 288(a), the minutes show that Singh was sentenced to a suspended six-year term of…

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