Sherwin Rinton v. Loretta E. Lynch

MEMORANDUM

Sherwin Q. Rinton petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ” ’s) order (1) finding him removable under 8 U.S.C. § 1227(a)(2)(A)(ii) as an alien convicted of two crimes involving moral turpitude not arising out of .a single scheme and (2) denying his application for cancellation of removal under 8 U.S.C. § 1229b(a).

1. We reject Rinton’s contention that his deferred acceptance of guilty plea pursuant to Haw.Rev.Stat. § 853-l(a) for theft in the third degree, Haw. Rev. Stat § 708-832, is not a conviction for immigration purposes. 8 U.S.C. § 1101 (a)(48)(A) provides:

(emphasis added).

Rinton’s deferred acceptance plea meets both requirements. Rinton entered a guilty plea. “[T]he Hawaii deferred-acceptance rule constitutes a ‘punishment,’ ” as it “gives a defendant an opportunity to serve a probation-like sentence” that “restrict[s] the [defendant’s liberty.” United States v. Bosser, 866 F.2d 315, 316-17 (9th Cir.1989); Haw.Rev.Stat. § 853-l(a). Thus, although Rinton’s deferred guilty plea was pending at the time of the IJ’s order, he was “convicted” of two theft crimes for the…