Jose Ruben Leon-Hernandez v. U.S. Immigration and Naturalization Service

Good Law
91 Daily Journal DAR 2241·926 F.2d 902·1991 U.S. App. LEXIS 2848·91 Cal. Daily Op. Serv. 1394
United States Court of Appeals for the Ninth CircuitFebruary 26, 199189-70319California1,644 words

Opinion

Opinion

Beezer, J.

This is a petition to review a decision of the Immigration and Naturalization Service (INS) ordering the petitioner deported on the ground that he was convicted of two crimes involving moral turpitude, and denying his application for suspension of deportation and voluntary departure. Because we agree that the acts for which petitioner was convicted do not arise out of a single scheme of criminal misconduct, we affirm the decision of the INS.

Jose Ruben Leon-Hernandez is a 38 year old native and citizen of Mexico. He entered the United States without inspection in 1975. In December 1982, Leon-Hernandez pleaded guilty to and was convicted of two counts of oral copulation with a person under the age of 16. The acts out of which the conviction arose occurred on September 18, 1981 and October 21, 1981. He was sentenced to consecutive prison terms, one of three years and the other of eight months. Leon-Hernandez was released from imprisonment in December, 1986.

On November 29, 1984, the INS issued an Order to Show Cause charging Leon-Hernandez with being deportable, pursuant to 8 U.S.C. § 1251 (a)(4), as a person who has been convicted of two crimes involving moral turpitude. At his…

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