Enrique Alcala Perez v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Enrique Alcala-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for registry pursuant to 8 U.S.C. § 1259 . We deny the petition for review.

1.Alcala-Perez’s admission of the charge in the Notice to Appear that he entered the United States on September 12, 1971 does not establish his date of entry for the purpose of his eligibility for registry. At the removal proceeding, both the government and the IJ explained to Alcala-Perez that the date of his entry was subject to dispute and that he needed to produce documents affirmatively establishing that date to qualify for registry. Cf. Hakopian v. Mukasey, 551 F.3d 843, 847 (9th Cir.2008) (“[A]t no point — either before or during Hakopian’s hearing — did the government move to amend its Notice to Appear with respect to, or otherwise contest, Hakopian’s stated date of entry.”).

2. The IJ’s refusal to order the government to produce files related to Alcala-Perez’s earlier amnesty application did not deprive Alcala-Perez of “a reasonable opportunity to present…