Lorenzo Magana v. Eric Holder, Jr. ( 2010 )

FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LORENZO MAGANA, a.k.a. Lorenzo No. 09-71232
Magana-Mendoza,
Agency No. A072-232-210
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Lorenzo Magana, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review de novo questions of law, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905,
909 (9th Cir. 2004), and we deny the petition for review.
Magana’s conviction for receipt of stolen property in violation of Cal. Penal
Code § 496(a) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). See
Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1060-61 (9th Cir. 2009).
We disagree with Magana’s contention that his conviction records do not
constitute admissible evidence. See Sinotes-Cruz, 468 F.3d 1190, 1196-97 (9th
Cir. 2006) (holding that “[t]he guiding principle is that proper authentication
requires some sort of proof that the document is what it purports to be”).
PETITION FOR REVIEW DENIED.
2 09-71232