Mendez-Mendez

Mendez-Mendez v. Mukasey

Good Law
United States Court of Appeals for the Ninth CircuitMay 7, 200806-70851California3,778 words

Opinion

Opinion

BACKGROUND

Mendez became a lawful permanent resident of the United States on December 1, 1990. On September 8, 1995, Mendez pled guilty to one count of bribery of a public official, in vio- lation of 18 U.S.C. § 201(b)(1)(A). The sentencing guideline range was zero to six months, and Mendez was sentenced to a three-month term of imprisonment.

In 2003, Mendez was returning to the United States from Mexico and applied for admission as a lawful permanent resi- dent. In April 2004, Mendez was served with a Notice to Appear, charging him with inadmissibility for being an alien convicted of a crime involving moral turpitude, pursuant to 8 U.S.C. § 1182(a)(2)(A)(i)(I), based on his bribery conviction. 1 The government contends that 8 U.S.C. § 1252(a)(2)(B)(ii) strips this court of jurisdiction to review an IJ’s denial of a continuance. Mendez, however, does not seek review of the IJ’s denial of his motion for a con- tinuance. This contention, therefore, does not affect our jurisdiction. MENDEZ-MENDEZ v. MUKASEY 5091 A hearing was held before an IJ on May 4, 2004. Through his counsel, Fernando Cosio, Mendez contested his removal, sought termination of proceedings, and…

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