Robles

Robles v. Ashcroft

Good Law
94 F. App'x 618
United States Court of Appeals for the Ninth CircuitApril 9, 2004No. 02-71522California805 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Rosas Robles seeks review of the Board of Immigration Appeals’ (BIA or Board) summary affirmance without opinion (AWO) of an immigration judge’s (IJ) ruling pretermitting her application for relief under former Immigration & Naturalization Act (INA) § 212(c), previously codified at 8 U.S.C. § 1182 (c) (1994), and ordering her removed from the United States on the basis of her conviction for an aggravated felony. See 8 C.F.R. § 1003.1 (a)(7) (establishing AWO procedure); INA § 237(a)(2)(A), (B), 8 U.S.C. § 1227 (a)(2)(A), (B) (2003) (providing for removal of persons convicted of aggravated felonies). As the parties ai'e familiar with the facts, we recite them only as necessary to explain our decision.

1. Under INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C), we have no jurisdiction to review a removal order against an alien removable by virtue of § 1227(a) (2)(A) (iii). Nonetheless, we retain jurisdiction to determine whether we have jurisdiction, including jurisdiction to determine whether the IJ properly admitted documentary evidence of Rosas Robles’s conviction. See Murillo-Espinoza v. INS, 261 F.3d 771, 773 (9th Cir.2001); Ocampo-Duran v. Ashcroft, 254…

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