Paniagua

Paniagua v. Mukasey

Good Law
281 F. App'x 650
United States Court of Appeals for the Ninth CircuitMay 30, 2008No. 04-76596California348 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ order denying Pedro Paniagua’s application for cancellation of removal. We conclude that Paniagua is ineligible for cancellation of removal because his prior California convictions are “firearms offenses” under INA § 237(a)(2)(C), 8 U.S.C. § 1227 (a)(2)(C).

The Petitioner claims he is not removable because the administrative record contains no documentation to establish the qualifying convictions. We have reviewed the administrative record and conclude that the Petitioner was convicted of the following offenses: (1) “carrying a loaded firearm,” in violation of California Penal Code Section 12031(a); and (2) “exhibiting a firearm,” in violation of California Penal Code Section 417(a)(2). Although no certified copy of the convictions was produced because of the amount of time that has elapsed since the convictions, we conclude that the Petitioner’s attorney’s admission was sufficient to establish the convictions for both gun crimes.

In Barragan-Lopez v. Mukasey, 508 F.3d 899 (9th Cir.2007), we observed that a petitioner’s “own admissions constitute clear, convincing, and unequivocal evidence” of…

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