Perez-Mejia v. Holder, ___ F.3d ___, ___, 2011 WL 5865888 (9th Cir. Nov. 23, 2011), amending 641 F.3d 1143 (9th Cir. Apr. 21, 2011) (By admitting at the pleading stage that he was convicted of possessing cocaine for sale and conceding that he was, therefore, removable, Perez"Mejia relieved the government of its burden of offering further evidence to prove that he was removable), adopting reasoning of Hoodho v. Holder, 558 F.3d 184 (2d Cir. 2009).

NOTE: The court resolves several decisions going both ways by stating:

In essence, if at the 1240.10(c) pleading stage an alien, individually or through counsel, makes admissions of fact or concedes removability, and the IJ accepts them, no further evidence concerning the issues of fact admitted or law conceded is necessary. If an alien's admissions or concession leave material issues in dispute, or the IJ is not satisfied with an admission or concession, the proceeding moves to the 1240.10(d) evidentiary stage. If the issue concerning removability being addressed at that stage requires applying the modified categorical approach, the IJ may rely on facts admitted at the pleading stage, but may not consider any further statements made by the alien unless they are contained in the specific set of documents that are part of the record of conviction. See 8 C.F.R. 1240.10(d) (When removability is not determined under the provisions of paragraph (c) of this section, the immigration judge ... shall receive evidence as to any unresolved issues, except that no further evidence need be received as to any facts admitted during the pleading....); S"Yong, 600 F.3d at 1035 (when alien's admissions in pleading stage are not sufficient to establish removability and modified categorical approach must be applied, alien's statements to the immigration judge after the pleading stage regarding the nature of his criminal conduct may not be considered).

Perez-Mejia v. Holder, ___ F.3d ___, *9, 2011 WL 5865888 (9th Cir. Nov. 23, 2011).