Rosas-Castaneda v. Holder
655 F.3d 875
| 9th Cir. | 2011Background
- Rosas-Castaneda, a native and citizen of Mexico and LPR, was convicted in Arizona of attempted transportation for sale of marijuana (>2 pounds).
- An IJ found him removable for a controlled-substance offense but inconclusive as to whether it qualified as an aggravated felony under 8 U.S.C. § 1101(a)(43)(B).
- The IJ ordered Rosas-Castaneda to corroborate the conviction with the Arizona transcript; Rosas-Castaneda declined and the proceedings proceeded in the interest of judicial economy.
- Rosas-Castaneda sought cancellation of removal; the IJ held the REAL ID Act shifted the burden to produce corroborating evidence, distinguishing Sandoval-Lua as inapplicable post-REAL ID Act.
- The BIA affirmed, concluding Rosas-Castaneda failed to prove eligibility for cancellation; this court vacated and remanded for reliable evidence as to whether the conviction constitutes an aggravated felony.
- The central issue on review is whether the REAL ID Act altered the burden or scope of corroboration and whether the record of conviction is inconclusive under the modified categorical approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the REAL ID Act change Sandoval-Lua’s burden? | Rosas-Castaneda | Holder | No change; Sandoval-Lua applies post-REAL ID Act |
| May an IJ require corroboration of non-testimonial records beyond testimony? | Rosas-Castaneda | Holder | No; corroboration authority is limited to testimony under 8 U.S.C. § 1229a(c)(4)(B) |
| Is the conviction record inconclusive under the modified categorical approach? | Rosas-Castaneda | Holder | Yes; the record is inconclusive, requiring remand for reliable evidence |
Key Cases Cited
- Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir. 2007) (modified categorical approach; inconclusive record can prove absence of aggravated felony)
- Taylor v. United States, 110 S. Ct. 2143 (1990) (categorical approach framework for aggravated felonies)
- Shepard v. United States, 544 U.S. 13 (2005) (establishes what is a permissible judicially noticeable document for modified categorical approach)
- Leyva-Licea v. INS, 187 F.3d 1147 (9th Cir. 1999) (solicitation offenses may not qualify as aggravated felonies)
- Navidad-Marcos v. United States, 367 F.3d 903 (9th Cir. 2004) (further guidance on the modified categorical approach)
- Vasquez-Ramos v. Holder, 531 F.3d 987 (9th Cir. 2008) (binding precedent on circuit interpretation after changes in the law)