Miramontes

MEMORANDUM ***

Neither the Board of Immigration Appeals (BIA) nor the Immigration Judge (IJ) erred in their determination that Juan Jose Cazares Miramontes, a native and citizen of Mexico, faded to satisfy his burden of proof to show that he was entitled to discretionary cancellation of removal. See 8 C.F.R. § 1240.8 (d).

The problem lies in admissions Mira-montes made in his testimony before the IJ. He testified that he had been convicted of burglary, which the government later confirmed was for receiving stolen property. Miramontes admitted that he and others broke into a car and stole its radio. That concession is sufficient to permit the IJ to conclude that Miramontes had engaged in a crime of moral turpitude. Although the parties do not seriously contest that his state court conviction records reflect that some charge related to that offense was dismissed, Miramontes conceded not only that he spent time in jail, but also that he participated in a work furlough program for the criminal conduct.

The IJ subsequently presented Mira-montes the opportunity to submit additional evidence so that he might clarify whether his conviction fell within the petty offense exception, see 8…