Perez-Mejia

Perez-Mejia v. Holder

Good Law
641 F.3d 1143·2011 WL 1496990·2011 U.S. App. LEXIS 8180
United States Court of Appeals for the Ninth CircuitApril 21, 2011No. 07-70118California6,346 words

Opinion

Lead Opinion

Wolf, J.

*1145 OPINION

Petitioner Barbarito Perez-Mejia petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing an appeal from an order of removal to Mexico. At the outset of the removal proceedings before an Immigration Judge (“IJ”), Perez-Mejia’s counsel admitted that Perez-Mejia had been convicted in 1997 of possession of cocaine for sale in violation of California Health and Safety Code section 11351 and conceded that he was removable as a result. On that basis, the BIA found that Perez-Mejia was removable under 8 U.S.C. § 1182 (a)(2)(A)(i)(II) and that he was ineligible for a waiver of inadmissibility pursuant to 8 U.S.C. § 1182 (h).

Perez-Mejia argues that the government failed to meet its burden of proving that he was removable because the BIA and the IJ were not permitted to rely on his counsel’s admissions. He also asserts that a criminal docket from his 1997 conviction that was introduced into evidence by the government was insufficient to establish that he was removable because the document did not indicate what substance he possessed for sale. Additionally, Perez-Mejia contends that the government is estopped from removing him on the basis of…

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