Jimenez-Guzman v. Holder, No. 10-9549 (10th Cir. 2011)
Annotate this CasePetitioner Alfonso Jiminez-Guzman sought review of a removal order issued by the Board of Immigration Appeals (BIA). On appeal, he argued that the agency erred in denying his request for a continuance and by applying an incorrect legal standard to the evidence of his controlled-substance conviction. Petitioner was a lawful permanent resident to the United States. In 2009, the Department of Homeland Security issued a notice-to-appear to Petitioner, charging that he was subject for removal due to a 2002 Colorado conviction for heroin possession. The Immigration Judge granted Petitioner two continuances so that he could obtain counsel. Once he obtained counsel, Petitioner unsuccessfully petitioned to cancel his removal. Upon review of Defendant's conviction record and the BIA's proceedings, the Tenth Circuit found "clear, unequivocal, and convincing evidence" to support Defendant's removal. The Court found BIA committed no error in dismissing Petitioner's appeal.
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