Oscar Rojas-Galvez v. Loretta E. Lynch

623 F. App'x 511

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 15, 2015
• Docket: 13-73362
• Status: Unpublished

Opinion

MEMORANDUM **

Oscar Rojas-Galvez, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s (“DHS”) final administrative removal order finding Rojas-Galvez removable as an alien convicted of an aggravated felony, after conducting an expedited removal proceeding pursuant to 8 U.S.C. § 1228(b). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir.2004). We deny the petition for review.

Rojas-Galvez does not challenge DHS’s finding that he is removable for having been convicted of an aggravated felony under 8 U.S.C. § 1101(a)(43)(B).

Rojas-Galvez’s due process claims fail, where the record indicates he was advised of his rights but refused to sign the Form 1-851, Notice of Intent to Issue a Final Administrative Order, see Kohli v. Gonzales, 473 F.3d 1061, 1068 (9th Cir.2007) (applying a presumption of regularity regarding the official acts of public officers), and where he is statutorily barred from adjustment of status, see 8 U.S.C. § 1228(b)(5) (“No alien described in this section [pertaining to the expedited removal of aliens convicted of aggravated felonies] shall be eligible for any relief from removal that the Attorney General may grant in the Attorney General’s discretion.”); 8 U.S.C. § 1255(a) (adjustment of status is discretionary); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

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