Salazar-Carmona
Salazar-Carmona v. Holder
Opinion
Lead Opinion
MEMORANDUM *
Pablo Salazar-Carmona (“Salazar”) petitions for review of the Board of Immigration and Appeals’ (“BIA”) denial of his motions to reopen and reconsider 2002 removal proceedings.
“We have jurisdiction to review the BIA’s denial of a motion to reopen under 8 U.S.C. § 1252 (b),” and we review the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir. 2004) (citations omitted); see also Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We review purely legal questions de novo. Singh, 367 F.3d at 1185 . For the reasons that follow, we deny the petition.
In 2002, Salazar was ordered removed based on his conviction for violating California Vehicle Code § 10851(a), which pursuant to then-controlling BIA precedent, was an aggravated felony “theft offense” pursuant to 8 U.S.C. § 1101 (a)(43)(G). Matter of V-Z-S-, 22 I & N Dec. 1338, 1340 (BIA 2000). Salazar’s lawyer filed an appeal from the removal order with the BIA on June 2, 2002, but according to Salazar, withdrew it without his consent or knowledge in November 2002. Salazar did not move to reopen proceedings until 2006.