Jose Arredondo Gomez v. Jefferson Sessions

FILED NOT FOR PUBLICATION OCT 10 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE JESUS ARREDONDO GOMEZ, No. 14-70430 AKA Jose Arredondo, AKA Jose Jesus Arredondo, AKA Jose Arredondo Gomez, Agency No. A092-348-774 AKA Jesus Gomez, AKA Jose Gomez, AKA Jose Ibarra, MEMORANDUM* Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 4, 2017** Pasadena, California Before: FERNANDEZ, RAWLINSON, and N.R. SMITH, Circuit Judges. * 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). Arredondo Gomez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an Immigration Judge’s (“IJ”) order of removal. The IJ and the BIA did not err in relying on Arredondo Gomez’s admissions, made during the pleading stage of his removal hearing. See Perez-Mejia v. Holder, 663 F.3d 403, 410 (9th Cir. 2011). Arredondo Gomez admitted each of the allegations in the notice to appear, which alleged that he had been convicted of two controlled substance offenses involving methamphetamine. Because these admissions established Arredondo Gomez’s removability pursuant to INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i), by clear and convincing evidence, we deny the petition for review, see 8 C.F.R. § 1240.10(c)-(d).1 PETITION FOR REVIEW DENIED. 1 Arredondo Gomez challenges on appeal the IJ’s and the BIA’s reliance on the complaint in finding him removable. Even assuming Arredondo Gomez exhausted this issue before the BIA, the documents were properly considered by the IJ and the BIA as an alternative basis to confirm his removability. See Coronado v. Holder, 759 F.3d 977, 986 (9th Cir. 2014). 2 14-70430 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Arredondo Gomez v. Jefferson Sessions 10 October 2017 Agency Unpublished 06d1bc36ada140b58e7b9393c4add3f6ac7ee311

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