Ariu T. Niu v. U.S. Immigration and Naturalization Service

963 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ariu T. NIU, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70336. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1992. * Decided May 19, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Ariu T. Niu entered this country as a permanent resident alien from Western Samoa in 1980. In 1982, he pled guilty to a misdemeanor count of assault with a deadly weapon, and in 1988 he was convicted of the 1986 molestation of a nine-year-old girl. 3 In September of 1989, Niu received an order to show cause which alleged that he was deportable under 8 U.S.C. § 1251 (a)(4) (West 1970) as an alien who has committed two crimes involving moral turpitude. 1 Niu admitted that the lewd and lascivious act of which he was convicted was a crime of moral turpitude but contended that the assault with a deadly weapon charge should not be regarded as a crime of…