Diego Hernandez-Mendoza v. Loretta E. Lynch

MEMORANDUM

Petitioner Diego Hernandez-Mendoza petitions for review of the Board of Immi gration Appeals’ (“BIA”) decision upholding the immigration judge’s decision finding him removable as charged and denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The government met its burden to prove Petitioner was removable after his conviction for two crimes of moral turpitude “not arising out of a single scheme of criminal misconduct.” 8 U.S.C. § 1227 (a)(2)(A)(ii). Although the thefts were eight days apart (one at Walmart and the other at Fred Meyer), they were not crimes that were planned at the same time and executed in accordance with such a plan, especially in light of Petitioner’s own testimony that they were each spontaneous events in which he became impatient waiting in line and left the stores without paying for the merchandise. Cf. Leon-Hernandez v. INS, 926 F.2d 902, 905 (9th Cir.1991). We, therefore, lack jurisdiction over this portion of his petition and dismiss it in part. 8 U.S.C. § 1252 (a)(2)(C).

Any due process violation that might arise from the immigration judge’s failure to advise Petitioner of…