Jiovani Cerde Reyes v. Eric Holder, Jr. , 585 F. App'x 571 ( 2014 )

FILED
NOT FOR PUBLICATION OCT 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIOVANI CERDE REYES, No. 10-70969
Petitioner, Agency No. A087-756-191
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted September 11, 2014
San Francisco, California
Before: WALLACE, SCHROEDER, and W. FLETCHER, Circuit Judges.
Jiovani Cerde Reyes, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (Board) order dismissing his appeal. Cerde
Reyes appealed to the Board from an immigration judge’s (IJ) removal order,
which was based upon Cerde Reyes’s admissions and concessions before the IJ.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
We have jurisdiction under 8 U.S.C. § 1252; we review de novo, Perez-Mejia v.
Holder, 663 F.3d 403, 409 (9th Cir. 2011); and we deny the petition.
The Board did not err in dismissing Cerde Reyes’s appeal because Reyes
admitted the factual allegations contained in his Notice to Appear and conceded he
was removable on the basis of his Arizona conviction for possession of a forgery
device, a crime which Cerde Reyes conceded—and the IJ correctly determined,
based on an independent review of the statute—was categorically a crime
involving moral turpitude. “[I]f at the . . . pleading stage an alien . . . makes
admissions of fact or concedes removability, and the IJ accepts them, no further
evidence concerning the issues of fact admitted or law conceded is necessary.” Id.
at 414. And if “the immigration judge is satisfied that no issues of law or fact
remain, the immigration judge may determine that removability as charged has
been established by the admissions of the respondent.” Id. at 416 (citing 8 C.F.R. §
1240.10(c)).
PETITION FOR REVIEW DENIED.
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