Ernesto Isidro PABLO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent

Good Law
72 F.3d 110·95 Daily Journal DAR 17161·1995 WL 758823·1995 U.S. App. LEXIS 36633·95 Cal. Daily Op. Serv. 9857
United States Court of Appeals for the Ninth CircuitDecember 27, 199593-70294California1,472 words

Opinion

Opinion

Beezer, J.

Ernesto Isidro Pablo, a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his application for a waiver of deportation. The BIA concluded that Pablo’s equities failed to outweigh the adverse nature of his multiple criminal convictions. We deny review.

I

Pablo entered the United States as a lawful permanent resident in May of 1979. Ten years later, in August of 1989, the Immigration and Naturalization Service (“INS”) issued an Order to Show Cause charging Pablo with deportability, under 8 U.S.C. § 1251 (a)(4), as an alien convicted of two or more crimes of moral turpitude not arising out of a single transaction. The charge was based on Pablo’s convictions for lewd and láscivious acts upon a child under the age of 14 and for child molesting. Both convictions were entered upon guilty pleas.

At his deportation hearing, Pablo applied for a waiver of deportation pursuant to 8 U.S.C. § 1182(c). Pablo claimed that he was innocent of the crimes to which he had pleaded guilty, and he alleged that he had pleaded guilty solely to avoid the possibility of lengthier sentences…

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