Mohammad Tariveh v. Immigration and Naturalization Service

52 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mohammad TARIVEH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70464. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1994. * Decided April 5, 1995. 1 Before: BROWNING and CANBY, Circuit Judges, and HUFF, ** District Judge 2 MEMORANDUM *** INTRODUCTION 3 In February 1982, the petitioner pleaded guilty to statutory rape. Consequently, in April 1982, the petitioner was served with an order to show cause, asserting the petitioner was subject to deportation for committing a crime involving moral turpitude. In the deportation proceedings, the petitioner alleged that the crime of statutory rape is not a crime of moral turpitude. The Immigration Judge disagreed, and the petitioner appealed the decision to the Board of Immigration Appeals ("BIA"). 4 During the pendency of the appeal, the parties stipulated to remand the action for a determination whether the…