Delfino Farias-Avalos v. Immigration & Naturalization Service

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Delfino FARIAS-AVALOS, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70810. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided May 12, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. ** 2 MEMORANDUM *** 3 On June 26, 1984, Delfino Farias-Avalos was convicted in California Superior Court of four counts of child molestation. He was sentenced to eight years of imprisonment and served four years. The INS sought deportation under section 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251 (a)(4) (1988), for being convicted of two crimes involving moral turpitude. Farias-Avalos conceded deportability, but argued he should be granted section 212(c) relief. 8 U.S.C. Sec. 1182 (c) (Supp. IV 1992). 4 The immigration judge ("IJ") found that Farias-Avalos met the seven-year statutory time required for Sec. 212(c) relief,…