Joshua Odomanwen Edigin v. U.S. Immigration and Naturalization Service

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joshua Odomanwen EDIGIN, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70450. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Dec. 8, 1992. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Edigin, a permanent resident alien, was convicted of fraudulent use of an access device, 18 U.S.C. § 1029 (a)(2), for drawing $1,357.18 in fraudulent checks against two credit cards. Consequently deportation proceedings were instituted against him. Edigin sought discretionary relief from deportation under § 212(c) of the Immigration and Nationality Act (INA), and now petitions for review of the BIA denial. We affirm. 3 Although Edigin's only criminal conviction is for the $1,357 credit card fraud, the immigration judge based his decision in significant part on a "pre-plea report" by a probation officer for…