Abrego-Hernandez

Abrego-Hernandez v. Holder

Good Law
357 F. App'x 848
United States Court of Appeals for the Ninth CircuitDecember 8, 200907-73916California340 words

Opinion

Opinion

MEMORANDUM

Evin Alejandro Abrego-Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

The transcript of the plea colloquy in the record establishes that Abrego-Her-nandez pled “no contest” to the California offense of being a felon in possession of a firearm. The agency accordingly did not err in concluding that Abrego-Hernan-dez’s conviction for violating California Penal Code § 12021(a)(1) was for an offense “described in” 18 U.S.C. § 922 (g)(1) and therefore an aggravated felony under 8 U.S.C. § 1101 (a)(43)(E)(ii). See United States v. De Jesus Castillo-Rivem, 244 F.3d 1020, 1023 (9th Cir.2001); see also 8 U.S.C. § 1101…

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