Wen Lan v. Immigration and Naturalization Service

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wen LAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70627. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1994. * Decided Dec. 16, 1994. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Wen Lan ("Lan") petitions for review of an order of deportation entered by the Board of Immigration Appeals ("BIA") on July 7, 1993. Lan contends that the BIA erred in denying him withholding of deportation for having been convicted of a "particularly serious crime" under 8 U.S.C. Sec. 1253 (h)(2)(B) without making a separate finding that he is a danger to the community. Section 1253(h)(2)(B) provides that any alien who, "having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States" is ineligible for withholding of deportation. Lan does not contest the BIA's finding that he was convicted…