CARLOS PALAFOX-REYES V. ERIC HOLDER, JR., No. 09-70924 (9th Cir. 2012)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 16 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS CARLOS MARIE PALAFOX-REYES, Petitioner, No. 09-70924 Agency No. A070-735-665 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted February 13, 2012 Pasadena, California Before: PREGERSON, HAWKINS, and BEA, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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, No. 04-72167, --- F.3d ----, 2011 WL 6061513, at *5 (9th Cir. Dec. 7, 2011); Lopez-Cardona 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. 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. 2
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