NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

HECTOR HUGO BRAVO

- COCCO , AKA Hector Albertene, AKA Hector Bravo, AKA Hector H. Bravo, AKA Hector Hugo Bravo, AKA Hec tor Bravo Cocco, AKA Hector Hug o Bravo Cocco, AKA Hector Cocco , AKA Hector Hugo Cocco, AKA Hector Hugo Coco, AKA Hugo Sass, AKA Hugo L. Sass, AKA Flaco Three,

Petitioner ,

v. JEFFERSON B. SESSIONS III , United States Attorney General,

Respondent

. No. 1 4

- 72989 Agency No. A200

- 080

- 750

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted January 9, 2018 Pasadena, California Before: M. SMITH and FRIEDLAND, Circuit Judges, and RAKOFF, ** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Jed S. Rakoff, Senior United States District Judge for the Southern District of New York, sitting by designation. 

# FILED

JAN 17 2018
MOLLY C. DWY ER, CLERK U.S. COURT OF APPEAL S2

Hector Hugo Bravo

- Cocco , a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA” ) decision dismissing his appeal

. The BIA affirmed the Immigration Judge’s (“IJ” ) order denying Br avo Cocco’s application for cancellation of removal under 8 U.S. C. § 1229 b (b)

. We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo

. See
Corona

- Mendez v. Holder , 593 F.3d 1143 , 1146 (9th Cir. 2010). We review administrative findings of fact for substantial evidence. See Urzua Covarrubias v. Gonzales , 487 F.3d 742, 747 (9th Cir. 2007). We DENY the petition. To be eligi ble for cancellation of removal, an alien must prove, among other things, that he has been “a person of good moral character” during the ten years preceding his application for relief. 8 U.S.C. § § 1229a(c)(4)(A)(i), 1229b (b) (1)

. The IJ d enied Bra vo - Cocco’s application, finding that Bravo

- Cocco could not be “regarded as a person of good moral character” because in the preceding ten years he had been “confine[d] to a penal institution for an aggregate period of 180 days

or more .” The BIA agreed.
1. The Government initially argues that we lack jurisdiction to consider
Bravo

- Cocco’s challenges to the agency’s decision b e cause he failed to raise before the BIA the arguments he raise s here

. We disagree. We have “jurisdiction to review a final order of removal and the issues raised in a petition for review only if ‘the alien has exhausted all administrative remedies available to the alien as of3

right.’” Figueroa v. Mukasey , 543 F.3d 487, 492 (9th Cir. 2008) (quoting 8 U.S.C. § 1252(d)(1))

. “ [W] e do not employ the exhaustion doctrine in a formalistic

manner , but rather inquire into whether the issue was before the BIA such that it had an opportunity to correct its err or. The exhaustion doctrine requires that the petition er ‘put the BIA on notice’ as to the specific issues

. . . . ” Id. (quoting Zhang v. Ashcroft , 388 F.3d 713, 721 (9th Cir. 2004) ). Moreover , Bravo

- Cocco was proceeding pro se below, and papers of aliens proceeding pro se before the BIA

m ust be construed liberally. See Agyeman v. INS , 296 F.3d 871, 877

- 78 (9th Cir. 2002). Under these generous standards, the BIA was on notice as to the specific issues Bravo

- Cocco raises in this appeal

. First, t he BIA ’s decision actually addressed the allocation of the burden of proof , placing the burden on Bravo

Cocco

. See Rodriguez

- Castellon v. Holder , 733 F.3d 847, 852 (9th Cir. 2013) (explaining that this court “may review any issue addressed on the merits by the
BIA” )

. Second, Bravo

- Cocco argued before the BIA that the evidence did not support the IJ’s conclusion about his criminal record , identifying specific convictions that were dismissed. This is a good example of “inartfully” drafted papers that do “not contain t he exact legalese” but still identify the issue in lay
terms. Agyeman , 296 F.3d at 877

- 78. Accordingly, we have jurisdiction to consider
Bravo

- Cocco’s arguments on appeal.4

2. On the merits, Bravo

- Cocco argues that the BIA erred by relying on a conviction that was later dismissed under California Penal Code § 1203.4 , pursuant to which a defendant is, “ with certain enumerated exceptions, released ‘from all penalties and disabilities’ resulting from [a dismissed] conviction , ” People v. Park , 299 P .3d 1263, 1276 (Cal. 2013) (quoting Cal. Pen al Code § 1203.4)

. We disagree. “[A]s a general rule, an expunged conviction qualifies as a conviction under the
INA.” Ramirez

- Castro v. INS , 287 F.3d 1172, 1174 (9th Cir. 2002) (citing Murillo

Espinoza v. INS , 261 F.3d 77 1, 774 (9th Cir. 2001) ) ; see also Nunez

- Reyes v. Holder , 646 F.3d 684, 690 (9th Cir. 2011) (en banc) (holding that an expunged state conviction still qualifies as a “conviction” for federal immigration purposes)

. In particular , “a conviction expunged under [ California Penal Code § 1203.4] remains a conviction for purposes of federal law.” Ramirez

- Castro , 287 F.3d at 1175.
Bravo

- Cocco attempts to distinguish Ramirez

- Castro on the ground that it involved an INA provision targeting a specific kind of criminal conduct that Congress had singled out for negative immigration consequen ces, whereas t he INA provision at issue here , 8 U.S.C. § 1101(f)(7), “does not identify any particular forbidden conduct, but instead defers to state law o n whether conduct is serious enough to justify immigration consequences

. ” As the Government points out, however, § 1101(f)(7) is predicated on the time spent in custody as a result of5

conviction, and this period of confinement does not change in response t o expungement under § 1230

. 4. Moreover , both Ramirez

- Castro and this petition

concern whether the INA’s statutory definition of “ conviction ” in 8 U.S.C. § 1101(a)(48)(A) includes convictions expunged under California Penal Code § 1203.4. Ramirez

- Castro found that it does and therefore forecloses Bravo

Cocco’s argument.
3. Bravo

- Cocco also contends that the BIA erred in considering periods of
pre - conviction detention in determining whether he was eligible for cancellation of removal. This argument, too, is foreclose d by binding c ircuit precedent

– as Bravo

Cocco concedes

. S

ee Arreguin

- Moreno v. Mukasey , 5 1 1 F.3d 1229, 1233 (9th Cir. 2008) (“[W]hen pre

- trial detention is credited against the sentence imposed upon conviction, the period of pre

- trial detent ion must be considered as confinement as a result of a conviction within the meaning of [8 U.S.C.] § 1101(f)(7) .”).
4. Finally, Bravo

- Cocco argues that the BIA erred in placing the burden of proof on him to demonstrate that he had not been incarcerated f or 180 days or

more in the ten years preceding his application for cancellation of removal

. We need not reach this issue in light of the foregoing determinations

. Bravo

- Cocco challenges the BIA’s calculation of the number of days he spent incarcerated only

on the grounds discussed above and substantial evidence supports the BIA’s finding that Bravo

- Cocco was incarcerated for more than 180 days

– and that6

would be true of the evidence regardless of who has the burden

. S ee Simeonov v. Ashcroft , 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non

- dispositive issues).
PETITION DENIED .