Rangel-Zuazo

Rangel-Zuazo v. Holder

Good Law
633 F.3d 848·2011 WL 285214·2011 U.S. App. LEXIS 1911
United States Court of Appeals for the Ninth CircuitJanuary 31, 2011No. 07-72316California998 words

Opinion

Lead Opinion

*850 OPINION

Petitioner Manuel Alejandro Rangel-Zuazo petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) on May 10, 2007. In its order, the BIA affirmed an earlier decision holding that, although Petitioner was thirteen or fourteen years old at the time of the relevant offense, the Federal Juvenile Delinquency Act (“FJDA”), 18 U.S.C. §§ 5031-5042 , did not apply to Petitioner’s conviction because Petitioner was charged as an adult and received his conviction after reaching majority age. Therefore, Petitioner’s conviction did not constitute a juvenile adjudication, and Petitioner was subject to removal under 8 U.S.C. § 1227 (a)(2)(A)(iii). The BIA further determined that Petitioner was ineligible for a waiver under former section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c) (1994), repealed by Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, § 304 (b), 110 Stat. 3009 .

For the reasons set forth below, we agree with the BIA’s decision and deny the petition.

I.

Under the INA,

8 U.S.C. § 1101 (a)(48)(A). By its plain language, the statutory definition applies to…

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