Federico Molina-Amezcua v. Immigration and Naturalization Service

Under section 241(a)(4) of the Immigration and Nationality Act, an alien becomes deportable if convicted of “two crimes involving moral turpitude.” 8 U.S.C. § 1251 (a)(4). Yet deportation is not automatic. An alien may get a waiver under section 212(e), 8 U.S.C. § 1182 (e). We consider whether the INS may base a deportability determination in part on a crime it has used to support a previous deportability finding but as to which deportability was waived under section 212(c).

Prior to the Board of Immigration Appeals proceeding we review here, immigration judges had twice found petitioner, a citizen of Mexico, deportable under section 241(a)(4). Both times he was given a section 212(c) waiver. AR at 9, 21. Not satisfied with his good fortune, he got into trouble again and was convicted of petty theft. AR at 123.

An IJ found Petitioner deportable for a third time, basing this finding on the new conviction and on a previous one. AR at 21, 25-26. Petitioner argues that the INS is foreclosed from relying on this prior conviction because it waived deportation at the time. The BIA rejected this view and affirmed the IJ’s determinations, relying on Matter of Balderas, Interim Decision…