Morales-Garcia

BACKGROUND

Morales, a native and citizen of Mexico, entered the United States without inspection near San Ysidro, California, in Sep- tember, 1986. In 2006, the Department of Homeland Security (“DHS”) served a Notice to Appear (“NTA”) on Morales, alleging that he was subject to removal on two grounds: first, for being an alien present in the United States without being admitted or paroled, see 8 U.S.C. § 1182(a)(6)(A)(i), and sec- ond, for having been convicted of a CIMT, see id. § 1182(a)(2)(A)(i)(I). The NTA alleged that on April 10, 2003, Morales was convicted in California Superior Court “for the offense of corporal injury to spouse/ cohabitant/former cohabitant/child’s parent, a Felony, in vio- lation of Section 273.5(a) of the California Penal Code for which the term of imprisonment was two . . . years . . . .” MORALES-GARCIA v. HOLDER 6661 At his hearing before the IJ, Morales conceded removabil- ity; however, he denied the fact of his conviction under Cal. Penal Code § 273.5. The government adduced a certified copy of an abstract of judgment and prison commitment order, showing both that Morales was convicted of the offense and that he was sentenced…