Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization Service

Opinion by Judge D.W. NELSON

Byron Paredes-Urrestarazu (“Petitioner”) petitions this court for review of a decision of the Board of Immigration Appeals (“BIA” or “Board”) that found him deportable under section 241(a)(4) of the Immigration and Nationality Act (“INA” or “Act”), 8 U.S.C. 1251(a)(2)(A)(ii), and denied him discretionary relief from deportation under section 212(c), 8 U.S.C. § 1182 (c). Petitioner contends that the Board erred as a matter of law by failing to adhere to provisions of the California pretrial diversion program, Cal.Penal Code §§ 1000-1000.5 (Deering 1983 & Supp.1993), in determining whether he warranted section 212(c) relief. In addition, Petitioner maintains that the BIA abused its discretion by erroneously determining that he gave false testimony and failed to establish rehabilitation. We have jurisdiction under 8 U.S.C. § 1105a. We affirm.

I. Factual and Procedural Background

Petitioner is a native and citizen of Guatemala. In 1970, at the age of 12, he was admitted into the United States as a lawful permanent resident. In 1979, Petitioner was convicted of five counts of armed robbery stemming from gang-related acts committed on May 4 and August 24,…