Lopez-Ruiz
Lopez-Ruiz v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Victor Manuel Lopez-Ruiz (Lopez-Ruiz) petitions for review of the determination that he is an inadmissible alien who is ineligible for relief from removal due to an Arizona conviction in 1974. Lopez-Ruiz also petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand.
As an alien charged with inadmissibility under 8 U.S.C. § 1182 , Lopez-Ruiz was required to prove that he was “entitled to be admitted” and was “not inadmissible under [ 8 U.S.C. § 1182 ].” 8 U.S.C. § 1229a(e)(2)(A); see also Toro-Romero v. Ashcroft, 382 F.3d 930 , 936 n. 9 (9th Cir.2004). The evidence presented to the Immigration Judge (IJ) demonstrated that Lopez-Ruiz’s prior conviction was vacated according to Arizona’s rehabilitative statutes. See Ariz.Rev.Stat. 13-907(C). Thus, the BIA’s conclusion that Lopez — Ruiz was inadmissible and ineligible for relief from removal based on his prior conviction was not erroneous. See Nath v. Gonzales, 467 F.3d 1185, 1188-89 (9th Cir.2006) (stating that a vacated conviction may serve as the basis for removal if the conviction was vacated for equitable or rehabilitative reasons).