United States Ninth Circuit

A petition for review of the BIA's decision affirming an order of removability in concluding that petitioner is ineligible for cancellation of removal because of a prior conviction for an aggravated felony, is denied in part and dismissed in part where: 1) petitioner failed to exhaust the claims that his conviction was not for a violation of a law relating to a controlled substance within the meaning of 8 U.S. C section 1227(a)(2)(B)(i); 2) the evidentiary limitations articulated in Shepard v. US apply when determining, under the modified categorical approach, whether a prior conviction renders an alien ineligible for cancellation of removal as an aggravated felon under 8 U.S.C. section 1229b; 3) under the modified categorical approach, a guilty plea to a conjunctively phrased charging document establishes only the minimal facts necessary to sustain a defendant's conviction; and 4) an alien cannot carry the burden of demonstrating eligibility for cancellation of removal by merely establishing that the relevant record of conviction is inconclusive as to whether the conviction is for an aggravated felony.

Appellate Information

• Decided 09/17/2012
• Published 09/17/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel