Carlos Palafox-Reyes v. Eric Holder, Jr.

MEMORANDUM

Petitioner Carlos Marie Palafox-Reyes (“Palafox”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Palafox’s petition for review. We address his arguments in turn.

1. The documents submitted by the Department of Homeland Security during Palafox’s removal proceedings established that: (1) Palafox was convicted of first-degree burglary, in violation of California Penal Code § 459, and (2) Palafox received a term of imprisonment of at least one year for his first-degree burglary conviction. Accordingly, the BIA did not err in finding that Palafox was removable as an alien convicted of an aggravated felony “crime of violence” under 8 U.S.C. § 1101 (a)(43)(F). See Kwong v. Holder, 671 F.3d 872, 880 (9th Cir.2011); LopezCardona v. Holder, 662 F.3d 1110, 1112 (9th Cir.2011).

2. Palafox argues that the term “alien” in the Immigration and Nationality Act does not apply to him because he considers himself to be a “national” of the United States. Palafox’s argument is foreclosed by our precedents. See…