Perez-Mejia v. Holder, ___ F.3d ___, ___, 2011 WL 5865888 (9th Cir. Nov. 23, 2011), amending 641 F.3d 1143 (9th Cir. Apr. 21, 2011) (Perez"Mejia is correct that we may set aside a determination by the IJ that rests on an alien's erroneous concession, at least in some circumstances.); citing Mandujano"Real v. Mukasey, 526 F.3d 585, 588 (9th Cir. 2008) (The Government does not argue, nor could it, that the IJ's reliance on [the alien's] concession would suffice as a basis for removal if the BIA or the court were to determine that his conviction does not, as a matter of law, constitute an aggravated felony.); Garcia"Lopez v. Ashcroft, 334 F.3d 840, 844 n. 4 (9th Cir. 2003) (holding that an alien was not bound by his characterization, in an application for suspension of deportation, of his prior conviction as a felony, because the characterization was patently inaccurate, and, more importantly, because an alien's belief about the nature of his offense is irrelevant to the purely legal question of how the offense was categorized or what the maximum penalty was); Huerta"Guevara, 321 F.3d at 886 ([W]e may consider an issue regardless of waiver if the issue is purely one of law and the opposing party will suffer no prejudice.).