FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 29, 2020 _________________________________ Christopher M. Wolpert Clerk of Court IGNACIO RAMIREZ-VEGA, Petitioner, v. No. 18-9536 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, KELLY, and PHILLIPS, Circuit Judges. _________________________________ Ignacio Ramirez-Vega, a native and citizen of Mexico, seeks review of a Board of Immigration Appeals’ (BIA’s) decision that dismissed his appeal from an Immigration Judge’s (IJ’s) order denying his application for cancellation of removal. Exercising jurisdiction under 8 U.S.C. § 1252, we deny Ramirez-Vega’s petition in part and dismiss the remainder. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. BACKGROUND Ramirez-Vega unlawfully entered the United States in 2002. In July 2008, the Department of Homeland Security (DHS) personally served him with a notice to appear before an IJ for a removal hearing. The notice charged him with being removable as (1) an alien present in the country without admission or parole, and (2) an alien convicted of a crime involving moral turpitude (CIMT). The notice listed three Colorado convictions, only one of which is relevant to this case—a 2001 conviction for criminal impersonation, see Colo. Rev. Stat. § 18-5-113(1)(d). Finally, although the notice provided that the removal hearing would occur at a date and time “to be set,” R. at 928, Ramirez-Vega was soon served with a notice of hearing designating the precise date and time, id. at 927. In November 2008, Ramirez-Vega appeared before an IJ, conceded removability on the illegal-entry charge, but denied removability on the CIMT charge. The IJ scheduled a follow-up hearing to allow Ramirez-Vega to apply for cancellation of removal. Several years later, Ramirez-Vega filed his cancellation application. An IJ determined that Ramirez-Vega’s criminal-impersonation conviction was a CIMT, which rendered him ineligible for cancellation. In May 2018, the BIA agreed with the IJ and dismissed Ramirez-Vega’s appeal. Specifically, the BIA noted that in Veloz-Luvevano v. Lynch, 799 F.3d 1308, 1315 (10th Cir. 2015), this court held that a violation of Colorado’s criminal-impersonation statute is categorically a CIMT. Ramirez-Vega petitioned this court for review. 2 In August 2018, while his petition for review was pending, Ramirez-Vega filed a motion with the BIA to reopen his case based on Pereira v. Sessions, 138 S. Ct. 2105, 2109-10 (2018) (holding that a notice to appear that lacks the removal hearing’s time or place does not stop the alien’s accrual of continuous presence in the United States for purposes of cancellation ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals