Ruben Aviles-Diaz v. JEFF B. SESSIONS, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUBEN AVILES-DIAZ,
Petitioner,
v.
JEFF B. SESSIONS, Attorney General,
Respondent.
No. 13-74250
Agency No. A097-869-352
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2017**
Pasadena, California
Before: D.W. NELSON, TALLMAN, and N.R. SMITH, Circuit Judges.
Ruben Aviles-Diaz, a native and citizen of Mexico, petitions for review of a
decision by the Board of Immigration Appeals (BIA) affirming the Immigration
Judge’s (IJ) admission of criminal conviction records in removal proceedings.
Aviles-Diaz alleges the conviction records were not properly authenticated under 8
FILED
FEB 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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U.S.C. § 1229a(c)(3)(C) and 8 C.F.R. § 1003.41, and thus could not provide a
basis for his removal under 8 U.S.C. § 1182(a)(6)(E)(i) for aiding and abetting
alien smuggling. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny
the petition for review.
The IJ’s admission of conviction records downloaded from the Public
Access to Court Electronic Records (PACER) system1 did not violate Aviles-
Diaz’s due process rights. See Matter of J.R. Velazquez, 25 I. & N. Dec. 680, 683
(B.I.A. 2012). The records were certified by a Department of Homeland Security
official as having been electronically downloaded from PACER, which the
certification identified as “a federal repository site containing records from the
United States District, Bankruptcy, and Appellate Courts.” The records on their
face also indicate that they originate from the U.S. District Court for the Southern
District of California. See Sinotes-Cruz v. Gonzalez, 468 F.3d 1190, 1196–97 (9th
Cir. 2006). The government’s proffered conviction records thus contain sufficient
indicia of reliability to be admissible as evidence of Aviles-Diaz’s removability.
See id. at 1197; 8 C.F.R. § 1003.41(d).
1 PACER “is an electronic public access service that allows users to obtain
case and docket information from [all] federal appellate, district, and bankruptcy
courts.” Am. Civil Liberties Union v. U.S. Dep’t of Justice, 655 F.3d 1, 7 n.7 (D.C.
Cir. 2011) (quoting PACER: Public Access to Court Electronic Records,
http://www.pacer.gov).
2

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The petition for review is DENIED.
3

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