Alvarez-Barajas

Alvarez-Barajas v. Gonzales

Good Law
418 F.3d 1050·2005 WL 1906672
United States Court of Appeals for the Ninth CircuitAugust 10, 200504-55733California5,166 words

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.

OPINION

D.W. NELSON, Circuit Judge:

Jose de Jesus Alvarez-Barajas, a native and…

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