Guillermo Guevara-Calderon v. Eric H. Holder Jr.

MEMORANDUM

The Government submitted to the Immigration Judge (“IJ”) two documents from Guillermo Ernesto Guevara-Calderon’s (“Guevara’s”) record of conviction: the complaint and the docket printout. Both are cognizable for purposes of the modified categorical approach. Shepard v. United States, 544 U.S. 13, 16 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005); United States v. Strickland, 601 F.3d 963, 968 (9th Cir.2010).

The complaint charged Guevara with unlawful possession of “a controlled substance, to wit, cocaine (base).” The docket sheet says that Guevara pleaded guilty to this count. There is no indication that he might have pleaded to an amended charge. This is sufficient to establish that Guevara pleaded guilty to possession of cocaine base. Cocaine base is a Schedule II drug, which makes Guevara removable. 8 U.S.C. § 1227 (a)(2)(B)(i); 21 U.S.C. §§ 802 (6), 812(c); United States v. Butler, 74 F.3d 916, 922 (9th Cir.1996).

Substantial evidence supports the IJ’s finding that Guevara’s beating by soldiers was not on account of his political opinion, but rather because he participated in a violent attack on the soldiers’ air force base, and therefore was not past persecution.…