Leopoldo Luna v. Immigration and Naturalization Service

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leopoldo LUNA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70265. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Leopoldo Luna, a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals ("BIA") affirming the immigration judge's ("IJ") decision finding him deportable under 8 U.S.C. Sec. 1251 (a)(4) as an alien convicted of two crimes of moral turpitude which did not arise out of a single scheme of criminal misconduct. Luna argues that the IJ erred (1) by finding that his convictions were part of a "single scheme," (2) by admitting his probation report as evidence and (3) by denying his request for a waiver of deportation under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182 (c). We have…