Alvarez-Barajas
Alvarez-Barajas v. Gonzales
Opinion
Lead Opinion
Nelson, J.
Opinion by Judge D.W. NELSON; Concurrence by Judge FARRIS
Jose de Jesus Alvarez-Barajas, a native and citizen of Mexico, appeals the district court’s denial of his petition for habeas corpus. In his petition, Alvarez-Barajas argues that the Board of Immigration Appeals (BIA) erred in affirming an Immigration Judge’s decision that he is ineligible for relief under either the former Immigration and Nationality Act (INA) § 212(c), 8 U.S.C. § 1182 (c) (1996); or a waiver under INA § 212(h), 8 U.S.C. § 1182 (h). We agree that Alvarez-Bara-jas is ineligible for these forms of relief, and therefore deny the petition.
FACTUAL AND PROCEDURAL BACKGROUND
Alvarez-Barajas first entered the United States in approximately 1986 and became a legal permanent resident in 1990. On May 27, 1996, Alvarez-Barajas pled guilty to receipt of stolen property in violation of California Penal Code § 496 and was sentenced to two years in prison. Based on this conviction, on April 1, 1997, the Immigration and Naturalization Service (INS) 1 issued a notice to appear (NTA) alleging that Alvarez-Barajas was removable pursuant to INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii), because he had been…
Concurring Opinion
Farris, J.
concurring:
I concur in the result.
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE DE JESUS ALVAREZ-BARAJAS,
Petitioner-Appellant, v. No. 04-55733 ALBERTO R. GONZALES, Attorney D.C. No. General; ANTHONY ESPOSITO, CV-03-00840- Interim BICE Western Region WQH/JFS Director; WAYNE K. WILLS,
OPINION
District Director for Interior Enforcement, Respondents-Appellees. Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding
Argued and Submitted July 12, 2005—Pasadena, California
Filed August 11, 2005
Before: Jerome Farris, Dorothy W. Nelson, and Richard C. Tallman, Circuit Judges.
Opinion by Judge D.W. Nelson; Concurrence by Judge Farris
10443 10446 ALVAREZ-BARAJAS v. GONZALES
COUNSEL
Kaye A. Y. Evans, Beverly Hills, California, for the peti- tioner.
Samuel W. Bettwy (argued); Carol C. Lam and Tom Stahl (on the brief), United States Department of Homeland Security, Bureau of Customs and Immigration, San Diego, California, for the respondent.