United States Ninth Circuit

Arguing that his due process rights were violated by the Board of Immigration Appeals (BIA), petitioner seeks review of a series of BIA decisions culminating in the conclusion that petitioner's prior drug conviction under California Health and Safety Code section 11378 qualified as an aggravated felony and made him a deportable alien. Petition for review is denied, where: 1) the BIA's first sua sponte remand to the Immigration Judge (IJ) was proper; 2) on remand, the IJ properly admitted a facsimile copy of the uncertified transcript of the state court felony change-of-plea-proceeding; and 3) the BIA properly considered the government's appeal of the IJ's order granting petitioner's motion to terminate proceedings.

Appellate Information

• Decided 10/27/2014
• Published 10/27/2014

Judges

• Gould

Court

• United States Ninth Circuit

Counsel