Sureshichandra M. Patel v. Immigration and Naturalization Service

Patel is an Indian national who overstayed his student visa. At his deportation hearing, he requested the privilege of voluntary departure but because he had been convicted in California of a felony involving moral turpitude, namely, receiving stolen property, the Immigration Judge ruled that he was ineligible for voluntary departure. Patel has appealed. We affirm.

I.

Patel was charged with two felony counts of receiving stolen property arising out of two apparently separate transactions. Cal. Pen.Code § 496(1) (West Supp.1976). He was convicted by jury “of the crime of felony” on both counts, and was sentenced to “imprisonment in the State Prison for the term provided by law.” Execution of sentence was suspended, Patel was placed on probation for three years, and as a condition of probation he was ordered confined in the county jail for 6 months with credit for time served. The sentencing judge’s order provided that “sentence concurrent as to each count.”

II.

It is admitted that Patel was convicted of a crime involving moral turpitude, and that he is in the country illegally. Thus, unless he can fit within an exception, he is deport-able and cannot be permitted the privilege…