Rozel Tupaz v. Eric Holder, Jr.

MEMORANDUM

Petitioner Rozel Tupaz, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“U”) denial of his applications for asylum, cancellation of removal, withholding of removal, and relief under the Convention Against Torture (“CAT”). Tupaz was removable under INA Section 237(a)(1)(B), 8 U.S.C. § 1227 (a)(1)(B), as a noncitizen who overstayed his nonimmi-grant visa. We deny the petition for review.

Tupaz’s conviction for violating California Penal Code § 496(a) categorically qualified as an aggravated felony conviction. Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1062 (9th Cir.2009). He was therefore statutorily ineligible for asylum and cancellation of removal. Rendon v. Mukasey, 520 F.3d 967, 973 (9th Cir.2008). The government did not rely on the section 496(a) conviction, since his act of overstaying his visa provided an independent basis for removability. Thus, the government was not required to file a Form 1-261 referencing the conviction, and the IJ was not required to sustain the factual allegations of the charge.

Substantial evidence supports the agency’s determination that…