RAUDEL REYNOSO-RODRIGUEZ, AKA Raudel Rodriguez-Reynoso v. ERIC H. HOLDER JR., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAUDEL REYNOSO-RODRIGUEZ,
AKA Raudel Rodriguez-Reynoso,
Petitioner,
v.
ERIC H. HOLDER JR., Attorney General,
Respondent.
No. 08-72342
Agency No. A037-426-676
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 15, 2011
Pasadena, California
Submission Withdrawn February 23, 2011
Resubmitted October 24, 2012
Before: GOODWIN, KLEINFELD, and GRABER, Circuit Judges.
Petitioner Raudel Reynoso-Rodriguez petitions for review of a BIA order
upholding the IJ’s decision that he is ineligible for cancellation of removal because
he failed to prove that he did not commit an aggravated felony. We have
FILED
OCT 26 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We reject Petitioner’s arguments and deny his
petition for review.
We review de novo whether a conviction qualifies as an aggravated felony.
Young v. Holder, No. 07–70949, 2012 WL 4074668, at *2 (9th Cir. Sept. 17,
2012) (en banc). Petitioner pleaded guilty to a conjunctively worded criminal
information where some of the charged conduct constituted an aggravated felony,
and other charged conduct did not. This plea to a charge worded in the conjunctive
did not by itself establish that Petitioner committed each of the charged offenses.
Id. at *7. But neither did it establish the contrary. Showing that the record is
inconclusive does not meet Petitioner’s burden to prove that he was not convicted
of an aggravated felony. Id. at *9-10. Petitioner has failed to prove his eligibility
for cancellation of removal, so we deny his petition for review.
DENIED.

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