Ramirez

Ramirez v. Holder

Good Law
324 F. App'x 646
United States Court of Appeals for the Ninth CircuitApril 28, 2009No. 06-75815California476 words

Opinion

Lead Opinion

MEMORANDUM *

Maria Victoria Gemma Roco Ramirez petitions for review of a final decision issued by the Board of Immigration Appeals (BIA) dismissing her pro se appeal. Ramirez was charged and pleaded guilty to forgery in violation of California Penal Code § 475(c). The Immigration Judge (IJ) found that Ramirez was removable, because her conviction was categorically an aggravated felony. The BIA affirmed the IJ’s decision and further held she was not eligible for any relief from removal, specifically addressing Ramirez’s claims for relief under the Federal First Offender Act, her prior military service, and her failure to understand the consequences of her plea. We have jurisdiction to review the petition under 8 U.S.C. § 1252 (a). We grant the petition.

We may review a final order of removal only if “the alien has exhausted all administrative remedies available to the alien as of right.” 8 U.S.C. § 1252 (d)(1). For purposes of exhaustion, pro se appeals are held to a more lenient standard than counseled appeals. See Barron v. Ashcroft, 358 F.3d 674 , 676 n. 4 (9th Cir.2004) (citing Estelle v. Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976)). Liberally construing…

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