Esquivel-Garcia

Esquivel-Garcia v. Holder

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 28, 201007-70640California1,754 words

Opinion

Opinion

BACKGROUND

The petitioner, a native and citizen of Mexico, was remov- able for having entered the United States without inspection on or about October 1, 1992. He conceded removability and applied for adjustment of status, cancellation of removal, and, in the alternative, voluntary departure. ESQUIVEL-GARCIA v. HOLDER 1743 At a 2004 hearing, an immigration judge (“IJ”) questioned the petitioner about a 1989 conviction. The record before the IJ indicated the petitioner had been convicted of possession of a controlled substance under California Health & Safety Code § 11350, but did not identify the substance. Under oath before the IJ, the petitioner testified:

IJ: . . . [W]hat were you convicted of? ...

Petitioner: Possession of drugs.

IJ: Possession of drugs. What kind of drugs?

Petitioner: In the house, the house where I was (indiscernible).

IJ: What kind of drugs?

Petitioner: I think it was heroin.

Thereafter, the IJ pretermitted petitioner’s applications for cancellation of removal and adjustment of status. According to the IJ, the petitioner was statutorily ineligible for these forms of…

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