Jose Escalante-Jimenez v. Eric Holder, Jr.

MEMORANDUM

Jose Antonio Escalante-Jimenez entered the United States in 1976 and attained temporary resident status in 1988. His temporary resident status was terminated in 1996, and three years later, he was convicted of possession of cocaine in violation of Oregon law. See Or.Rev.Stat. § 475.992(1) (1999), renumbered as 475.752(1). At his removal hearing before the Immigration Judge (IJ), Escalante-Jimenez conceded to “inadmissibility” under section 212 of the Immigration and Nationality Act (INA), and asked for asylum and other relief. See INA §§ 212(a)(6)(A)©; 212(a)(2)(A)(i)(II). The IJ denied relief and ordered removal, and the BIA affirmed. On petition for review, Escalante-Jimenez argues that he should be allowed to withdraw his concession and that he is entitled to asylum. We deny his petition for review.

Escalante-Jimenez is bound by his pleading-stage concession. The record does not clearly contradict his concession that he is “inadmissible” for conviction of a crime related to a controlled substance. See Perez-Mejia v. Holder, 663 F.3d 403, 416-17 (9th Cir.2011). Escalante-Jimenez has not demonstrated that the government failed to follow the appropriate statutory…