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Manuel Alejandro Rangel- Zuazo v. Eric H. Holder Jr.

January 31, 2011

MANUEL ALEJANDRO RANGEL- ZUAZO,
PETITIONER,
v.
ERIC H. HOLDER JR., ATTORNEY GENERAL, RESPONDENT.



Agency No. A90-640-428 On Petition for Review of an Order of the Board of Immigration Appeals

Per curiam.

FOR PUBLICATION

OPINION

Argued and Submitted January 11, 2011-Seattle, Washington

Before: Susan P. Graber and Milan D. Smith, Jr., Circuit Judges, and Roger T. Benitez,*fn1 District Judge.

Opinion Per Curiam

OPINION

Petitioner Manuel Alejandro Rangel-Zuazo petitions for review of a final order of removal issued by the Board of Immigration Appeals ("BIA") on May 10, 2007. In its order, the BIA affirmed an earlier decision holding that, although Petitioner was thirteen or fourteen years old at the time of the relevant offense, the Federal Juvenile Delinquency Act ("FJDA"), 18 U.S.C. §§ 5031-5042, did not apply to Petition-er's conviction because Petitioner was charged as an adult and received his conviction after reaching majority age. Therefore, Petitioner's conviction did not constitute a juvenile adjudication, and Petitioner was subject to removal under 8 U.S.C. § 1227(a)(2)(A)(iii). The BIA further determined that Petitioner was ineligible for a waiver under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c) (1994), repealed by Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, § 304(b), 110 Stat. 3009.

For the reasons set forth below, we agree with the BIA's decision and deny the petition.

I.

[1] Under the INA,

The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-

(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient ...


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