Rosas-Castaneda v. Holder
2011 WL 4014321
9th Cir.2011Background
- Rosas-Castaneda, a Mexican native and US permanent resident, was convicted in Arizona for attempted transportation for sale of marijuana (>2 pounds).
- IJ found removable for a controlled-substance offense but inconclusive as to aggravated felony; requested transcript corroboration, which Rosas-Castaneda declined.
- Rosas-Castaneda argued Sandoval-Lua showing inconclusive record suffices for cancellation; argued REAL ID Act did not change burden.
- REAL ID Act codified burden on alien to prove eligibility and discretionary relief; its impact on corroboration scope was disputed by the parties.
- BIA affirmed IJ’s denial, later Rosas-Castaneda’s petition was granted by this court, holding record inconclusive and remanding for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the REAL ID Act alter Sandoval-Lua’s burden? | Rosas-Castaneda: Sandoval-Lua applies post-REAL ID Act. | Holder: REAL ID Act changes burden; Sandoval-Lua not applicable. | No; REAL ID Act codified existing law; Sandoval-Lua remains applicable. |
| May an IJ require corroboration of conviction documents under 8 U.S.C. §1229a(c)(4)(B)? | Rosas-Castaneda: only testimonial corroboration allowed. | BIA/IJ: may require corroboration of record evidence. | IJ cannot require corroboration of non-testimonial conviction documents; statute limits to testimonial corroboration. |
| Is the record of conviction conclusive on whether the offense is an aggravated felony? | Record inconclusive; Rosas-Castaneda carries burden to show not an aggravated felony. | Record could support aggravated felony; government bears burden. | Record inconclusive; remand for proper determination. |
| Does the record show the offense qualifies as an aggravated felony under the modified categorical approach? | Records do not conclusively establish aggravating elements. | Conviction could meet aggravated-felony elements. | Record inconclusive under modified categorical approach; relief remanded. |
Key Cases Cited
- Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir. 2007) (controlled-substance offense; inconclusive record suffices for relief under Sandoval-Lua)
- Shepard v. United States, 544 U.S. 13 (Sup. Ct. 2005) (establishes framework for modified categorical approach)
- Taylor v. United States, 495 U.S. 575 (Sup. Ct. 1990) (categorical approach principles for offenses)
- Leyva-Licea v. INS, 187 F.3d 1147 (9th Cir. 1999) (solicitation offenses not aggravated felonies)
- United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir. 2004) (limitations of the modified categorical approach)