Levin
Levin v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM
Alexandr Yefimovich Levin (“Levin”) petitions for review of the order of the Board *403 of Immigration Appeals (“BIA”) finding him deportable as an alien inadmissible at entry because of his foreign conviction for a crime of moral turpitude. 8 U.S.C. § 1251 (a)(1)(A) (1994). 2 He contends that the INS did not establish that he was convicted of a crime involving moral turpitude, that his foreign conviction was expunged, and that the BIA erred in finding him statutorily ineligible for asylum and withholding of deportation.
Levin’s petition is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Pub.L. 104-208, 110 Stat. 3009 (1996). Section 309(c)(4)(G) of the transitional rules states that there “shall be no appeal permitted in the case of an alien who is inadmissable or deportable by reason of having committed a criminal offense covered in section 212(a)(2) of the Immigration and Nationality Act....” Section 212(a)(2)(A)(i)(I) of the Act renders inadmissible any alien who has committed an offense involving “moral turpitude.” Accordingly, if Levin was convicted of a crime involving moral turpitude, IIRIRA…