Carlos Palafox-Reyes v. Eric Holder, Jr.

472 F. App'x 446

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 16, 2012
• Docket: 09-70924
• Status: Unpublished

Opinion

MEMORANDUM *

Petitioner Carlos Marie Palafox-Reyes (“Palafox”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny Palafox’s petition for review. We address his arguments in turn.

1. The documents submitted by the Department of Homeland Security during Palafox’s removal proceedings established that: (1) Palafox was convicted of first-degree burglary, in violation of California Penal Code § 459, and (2) Palafox received a term of imprisonment of at least one year for his first-degree burglary conviction. Accordingly, the BIA did not err in finding that Palafox was removable as an alien convicted of an aggravated felony “crime of violence” under 8 U.S.C. § 1101(a)(43)(F). See Kwong v. Holder, 671 F.3d 872, 880 (9th Cir.2011); LopezCardona v. Holder, 662 F.3d 1110, 1112 (9th Cir.2011). 1

2. Palafox argues that the term “alien” in the Immigration and Nationality Act does not apply to him because he considers himself to be a “national” of the United States. Palafox’s argument is foreclosed by our precedents. See Theagene v. Gonzales, 411 F.3d 1107, 1112 (9th Cir.2005); Reyes-Alcaraz v. Ashcroft, 363 F.3d 937 (9th Cir.2004).

PETITION DENIED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

1 . Because Palafox is removable as an alien convicted of an aggravated felony "crime of violence” under 8 U.S.C. § 1101(a)(43)(F), we decline to address the alternative grounds for removal relied upon by the BIA.