Jose Gutierrez-Diaz v. Immigration & Naturalization Service

24 F.3d 246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose GUTIERREZ-DIAZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70815. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1993. * Decided April 21, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Gutierrez-Diaz appeals the decision of the Board of Immigration Appeals finding him deportable under 8 U.S.C. Sec. 1251 (a)(4) as an alien convicted of two crimes involving moral turpitude that did not arise out of a single scheme of criminal misconduct. We affirm. 3 In 1988 Mr. Gutierrez pled guilty to five counts of child molestation. The victim of these crimes was his daughter, a child under the age of fourteen. 4 Mr. Gutierrez first argues that the five acts of abuse were part of a single scheme of criminal misconduct. By his own testimony, however, the five acts were not part of a single scheme. Mr. Gutierrez testified that after…