Jose Arredondo Gomez v. Jefferson Sessions ( 2017 )

FILED
NOT FOR PUBLICATION
OCT 10 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE JESUS ARREDONDO GOMEZ, No. 14-70430
AKA Jose Arredondo, AKA Jose Jesus
Arredondo, AKA Jose Arredondo Gomez, Agency No. A092-348-774
AKA Jesus Gomez, AKA Jose Gomez,
AKA Jose Ibarra,
MEMORANDUM*
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 4, 2017**
Pasadena, California
Before: FERNANDEZ, RAWLINSON, and N.R. SMITH, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Arredondo Gomez petitions for review of a decision of the Board of
Immigration Appeals (“BIA”) dismissing his appeal of an Immigration Judge’s
(“IJ”) order of removal.
The IJ and the BIA did not err in relying on Arredondo Gomez’s admissions,
made during the pleading stage of his removal hearing. See Perez-Mejia v. Holder,
663 F.3d 403, 410 (9th Cir. 2011). Arredondo Gomez admitted each of the
allegations in the notice to appear, which alleged that he had been convicted of two
controlled substance offenses involving methamphetamine. Because these
admissions established Arredondo Gomez’s removability pursuant to INA
§ 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i), by clear and convincing evidence,
we deny the petition for review, see 8 C.F.R. § 1240.10(c)-(d).1
PETITION FOR REVIEW DENIED.
1
Arredondo Gomez challenges on appeal the IJ’s and the BIA’s reliance on
the complaint in finding him removable. Even assuming Arredondo Gomez
exhausted this issue before the BIA, the documents were properly considered by
the IJ and the BIA as an alternative basis to confirm his removability. See
Coronado v. Holder, 759 F.3d 977, 986 (9th Cir. 2014).
2