Singh
Singh v. Holder
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…