Paulino Rivas-Miranda v. Eric Holder, Jr.

MEMORANDUM

Paulino Rivas-Miranda, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand to reapply for relief under 8 U.S.C. § 1254a. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, and review de novo claims of due process violations. Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion in denying Rivas-Miranda’s motion to remand where he failed to show eligibility for Temporary Protected Status (“TPS”). See 8 U.S.C. § 1254a(c)(2)(B)(i) (an alien who has been convicted of two or more misdemeanors in the United States is not eligible for TPS); Ramirez-Castro v. INS, 287 F.3d 1172, 1175 (9th Cir.2002) (ex-pungement of a misdemeanor California conviction does not eliminate the immigration consequences of the conviction). It follows that Rivas-Miranda’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a petitioner to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for…