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

ORDER

The opinion filed April 25, 1994, slip op. 3973, and appearing at 22 F.3d 909 (9th Cir.1994), is withdrawn.

The petition for rehearing, filed May 24, 1994, is denied.

OPINION

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)(2)(A)(ii) 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 the provisions of the California pretrial diversion program, CahPenal 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 failed to establish rehabilitation and that he gave false testimony. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and now affirm.

I. Factual and Procedural Background

Petitioner is a native and citizen of Guatemala. In 1970, at the age of 12, he was admitted…