Orozco-Mendoza

Orozco-Mendoza v. Ashcroft

Good Law
96 F. App'x 454
United States Court of Appeals for the Ninth CircuitApril 19, 2004No. 02-74143; Agency No. A75-106-648California466 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Orozco-Mendoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s order finding him removable and denying his applications for registry and adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review in part, and dismiss it in part.

The BIA’s decision states that Orozco was ordered removed for being “fpjresent without being admitted or paroled.” The government’s argument that *456 we lack jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(C) therefore fails. See Alvarez-Santos v. INS, 332 F.3d 1245, 1253 (9th Cir.2003) (“That section precludes judicial review only when an alien is actually determined to be removable and ordered removed on the basis of a covered criminal act.”).

Reviewing for substantial evidence, see Manzo-Fontes v. INS, 53 F.3d 280, 282 (9th Cir.1995), we conclude that the record supports the BIA’s determination that Orozco is inadmissible under 8 U.S.C. § 1182 (a)(2)(A)(i)(II). The government contends that Orozco was convicted twice of marijuana possession in Harris County, Texas, in 1983 and 1993.…

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