Eun Kyung Park v. Immigration & Naturalization Service

This appeal from the Board of Immigration Appeals (“BIA”) raises the question whether a conviction for involuntary manslaughter under California Penal Code § 192(b) constitutes an “aggravated felony” for which an alien is deportable under 8 U.S.C. § 1251 (a)(2)(A)(iii), now codified at 8 U.S.C. § 1227 (a)(2)(A)(iii). We hold that it does and, therefore, dismiss the appeal for lack of jurisdiction.

BACKGROUND

Petitioner Eun Kyung Park is a native and citizen of South Korea. She first entered the United States in December 1983 under an F-l student visa. She obtained a bachelor’s degree in theology from California Union College, a master’s degree *1188 from Linda Vista Baptist Bible College and Seminary, and is now an ordained minister.

On May 23, 1996, Park pled guilty to and was convicted of involuntary manslaughter under California Penal Code § 192(b) for her involvement in the beating death of a 25-year-old woman on March 8, 1995, during a religious ceremony to exorcize demons. Park received a sentence of three years in state prison.

While Park was still in custody, on August 29, 1996, the Immigration and Naturalization Service (“INS”) issued an Order to Show Cause (“OSC”),…