Christopher De Vera-Yadao v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 14 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTOPHER DE VERA-YADAO, AKA No. 14-72118 Chris Yadao, AKA Christopher Yadao-De Vera, Agency No. A022-461-048 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 15, 2017** San Francisco, California Before: GOULD and MURGUIA, Circuit Judges, and GRITZNER,*** District Judge. Petitioner Christopher De Vera-Yadao, a native and citizen of the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa, sitting by designation. Philippines, seeks review of the Board of Immigration Appeals’ (BIA) order dismissing De Vera-Yadao’s appeal of an immigration judge’s (IJ) order finding him removable. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. De Vera-Yadao was born in 1976 and immigrated to the United States on June 4, 1979, when he was three years old. On June 16, 2003, De Vera-Yadao was granted a waiver of removal under section 237(a)(1)(H) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1227(a)(1)(H), and his immigration status was adjusted to lawful permanent resident. On February 14, 2012, De Vera-Yadao was convicted in California state court of possession of methamphetamine for sale and of being a felon in possession of ammunition. On June 28, 2013, De Vera-Yadao was served a Notice to Appear (NTA), informing him that he was charged with being removable under INA section 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i). De Vera-Yadao appeared pro se for his removal hearing. The IJ reminded De Vera-Yadao of his right to an attorney and continued the hearing to allow him time to find a lawyer. Three weeks later, De Vera-Yadao appeared at the hearing and told the IJ he would proceed pro se. Under oath, De Vera-Yadao admitted that he was not a U.S. citizen and that he had been convicted of a removable offense. De Vera-Yadao also stated that his parents, who were not born in the United States, came to the United States in 1993, and they became naturalized citizens in 2 14-72118 2000, when De Vera-Yadao was over eighteen years old. De Vera-Yadao said his aunt brought him to the United States in 1979. The Government stated its understanding that De Vera-Yadao was granted a section 237 (a)(1)(H) waiver of removal in June 2003 because the petition submitted by his aunt fraudulently represented De Vera-Yadao to be her son. The IJ provided De Vera-Yadao with an INA Form I-589 (Application for Asylum and Withholding of Removal) and continued the hearing for one week to allow De Vera-Yadao to complete the application. One week later, De Vera-Yadao returned without an ...

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