Villa-Valladolid

Villa-Valladolid v. Gonzales

Good Law
146 F. App'x 177
United States Court of Appeals for the Ninth CircuitAugust 25, 2005No. 04-56953California877 words

Opinion

Lead Opinion

MEMORANDUM *

Pedro Villa-Valladolid appeals the district court’s denial of his habeas corpus petition under 28 U.S.C. § 2241 challenging the final administrative order of removal by the Board of Immigration Appeals. We treat his appeal as a petition for review and deny it.

Villa-Valladolid, a native and citizen of Mexico, arrived in the United States in 1970. In 1988, he was granted temporary resident status under an amnesty program. Two years later, he pled guilty in California state court to possession of marijuana for sale. Shortly thereafter, his immigration status was adjusted to that of a lawful permanent resident. In January 1992, Villa-Valladolid was convicted of burglary in the second degree.

In April 2002, the Government initiated removal proceedings against Villa-Valladolid. In a notice to appear, he was charged with being removable on three grounds: (1) as an alien convicted of an aggravated felony (i.e., drug trafficking); (2) as an *179 alien who at the time of his adjustment of status was within one or more inadmissible classes (i.e., he was an alien convicted of a law relating to a controlled substance); and (8) as an alien convicted of a crime involving moral…

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