Antonio Gutierrez-Chavez v. Immigration & Naturalization Service

8 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio GUTIERREZ-CHAVEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70104. United States Court of Appeals, Ninth Circuit. Submitted Aug. 6, 1993. * Decided Oct. 6, 1993. Before: SCHROEDER, FLETCHER and ALCARCON, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Gutierrez-Chavez (Gutierrez) seeks review of the Board of Immigration Appeals' (BIA) final order affirming the immigration judge's (IJ) order of deportation. The IJ determined that Gutierrez's conviction for second degree theft involved moral turpitude, and he was therefore statutorily precluded from seeking voluntary departure under 8 U.S.C. § 1254 (e). 8 U.S.C. § 1101 (f)(3). The BIA affirmed the IJ's denial of voluntary departure as a matter of law. We affirm because we have concluded that Gutierrez was statutorily ineligible for voluntary departure. I. 3 Gutierrez last entered this country, without inspection, on…