Ruiz

MEMORANDUM **

Everardo Hernandez-Ruiz (“Ruiz”), a lawful permanent resident (“LPR”) of the United States, appeals from the immigration judge’s (“IJ”) determination that he is subject to removal under 8 U.S.C. § 1182 (a)(2)(A) as an alien convicted of a crime of moral turpitude. He contends the IJ erred in (1) holding that 8 U.S.C. § 1101 required him to treat Ruiz as an alien seeking admission subject to § 1182, (2) admitting a rap sheet as evidence of Ruiz’s conviction, (3) determining there was sufficient evidence of a conviction and (4) finding that § 1182’s petty offense exception did not apply. Claiming he did not understand the nature of the proceedings and the consequences of its outcome, Ruiz also argues the IJ’s behavior violated his statutory, regulatory and due process rights in light of this lack of comprehension.

The BIA summarily affirmed the IJ’s decision, which we now review as the agency’s final determination. See 8 C.F.R. § 1003.1 (e)(4)(ii); Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 1057 (9th Cir. 2006). We grant Ruiz’s petition regarding the IJ’s analysis of the petty offense exception and remand to the agency for reconsideration in light of this holding.…