El Kherbaoui v. Holder
Opinion
Lead Opinion
MEMORANDUM ***
Taha El Kherbaoui, a native and citizen of Morocco, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his application for adjustment of status and ordering his removal. El Kherbaoui maintains the BIA erred by considering his juvenile criminal adjudication as if it were an adult criminal conviction, and by denying his motion to remand for ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 and we deny the petition.
Where, as here, the BIA adopts the IJ’s decision but adds some of its own reasoning, this Court reviews both decisions. Nehad v. Mukasey, 535 F.3d 962, 966 (9th Cir.2008) (citing Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005)). The BIA did not consider El Kherbaoui’s juvenile offense as an adult conviction, but did consider his recent conduct underlying that offense, and other related behavior. Evidence of conduct that does not result in a conviction may be considered in denying discretionary relief, Paredes-Urrestarazu v. U.S. I.N.S., 36 F.3d 801, 810 (9th Cir.1994), so the BIA did not err in this regard.