Arturo B. Condes v. Immigration and Naturalization Service

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arturo B. CONDES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70257. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1994. Decided June 20, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 The Immigration Judge (IJ) found Condes deportable under 8 U.S.C. Sec. 1251 (a)(2)(A)(ii), because he was convicted of two crimes of moral turpitude not arising out of a single scheme of criminal misconduct. The Board of Immigration Appeals (BIA) affirmed the decision, denied him a waiver of deportation and denied his request for remand. We have jurisdiction under 8 U.S.C. Sec. 1105a(a). We affirm. A. Criminal Misconduct 3 Condes argues that the BIA erred in affirming the IJ's finding of deportability because his two crimes arose out of a single scheme. "The determination whether there was a single scheme of misconduct is a factual one. The…