Nunez-Robles v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 18, 2017 _________________________________ Elisabeth A. Shumaker Clerk of Court CRISTOBAL NUNEZ-ROBLES, a/k/a FIDEL NUNEZ-MUNIZ, Petitioner, v. Nos. 16-9538 & 17-9510 (Petitions for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HOLMES, McHUGH, and MORITZ, Circuit Judges. _________________________________ An Immigration Judge (IJ) denied Cristobal Nunez-Robles’s application for cancellation of removal because his inconclusive criminal records were insufficient to satisfy his burden to show that he has not been convicted of a disqualifying offense. The Board of Immigration Appeals (BIA) dismissed his appeal and denied his motion to reopen. Mr. Nunez-Robles petitions for review of both BIA orders. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Our jurisdiction arises under 8 U.S.C. § 1252(a). We dismiss the petitions for review for lack of jurisdiction to the extent that Mr. Nunez-Robles raises an unexhausted due-process claim. We otherwise deny his petitions for review. I. Background Mr. Nunez-Robles is a native and citizen of Mexico who entered the United States without being admitted or paroled.1 After conceding removability as charged in the government’s notice to appear, he applied for cancellation of removal under 8 U.S.C. § 1229b(b). In support of his application, he submitted a chart summarizing his lengthy criminal history, including arrests in California for “Corporal Injury to Wife” in 1986 and “Petty Theft” in 1988. Admin. R. at 213. As to each of these arrests, the chart indicated “Disposition Unknown as records are not available.” Id. The IJ denied Mr. Nunez-Robles’s cancellation application, holding that he failed to satisfy his burden to establish his eligibility for relief from removal. In particular, he failed to demonstrate that he has not been convicted of a disqualifying offense, such as a crime involving moral turpitude (CIMT). The IJ noted the lack of disposition records regarding his petty-theft and corporal-injury-to-wife arrests. Moreover, the record also failed to identify the statutes underlying these charges, which precluded an analysis whether the offenses qualified as CIMTs. Regarding Mr. Nunez-Robles’s unsuccessful attempts to obtain the relevant records, the IJ 1 Although he stated in his application for cancellation of removal that he first entered the United States in 1995, other evidence in the record indicates that he was in the United States as early as 1979. See Admin. R. at 213, 220. (Citations to the record are to the administrative record filed in Appeal No. 17-9510.) 2 stated, “The destruction of records does not ...

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