Rosas-Paniagua
Rosas-Paniagua v. Reno
Opinion
Opinion
Alsup, J.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
STATEMENT
Petitioner Armando Rosas-Paniagua entered the United States in 1982 without inspection by an immigration officer. On December 1, 1990, his status was adjusted to that of lawful permanent resident. On January 26, 1996, petitioner pleaded guilty under California Vehicle Code Section 23152(b) to driving with a blood-alcohol content of .08 percent or greater. Because it was petitioner’s fourth such conviction, the conviction constituted a felony. Cal. Veh.Code § 23175(a). The conviction prompted the Immigration and Naturalization Service to issue to petitioner on June 30, 1997, a notice to appear. The notice alleged that petitioner’s conviction made him deportable by reason of having been convicted of an aggravated felony. 8 U.S.C. § 1227 (a)(2)(A)(iii). On October 8, 1997, an immigration judge sustained the INS’s allegations, and consequently ordered petitioner removed to his native Mexico. Petitioner then appealed to the Board of Immigration Appeals, which upheld the immigration judge’s ruling. Petitioner filed a motion for reconsideration of the BIA’s decision, which the BIA rejected.