Gonzalez-Melendres

Gonzalez-Melendres v. Immigration & Naturalization Service

Good Law
22 F. App'x 862
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 01-70036; I & NS No. A28-939-213California327 words

Opinion

Lead Opinion

MEMORANDUM ***

J. Ascuncion Gonzalez-Melendres (“Petitioner”), a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), which found Petitioner removable from the United States based on his 1993 conviction for “possession of a firearm by a felon” in violation of California Penal Code § 12025(a). Petitioner is an alien who had permanent legal resident status in the United States since 1988, prior to the Immigration and Naturalization Service’s is *863 suance of the Order to Show Cause. We retain “jurisdiction to determine whether jurisdiction exists” and to conclude whether an alien has been convicted for the purpose of removal in immigration proceedings. Flores-Miramontes v. INS, 212 F.3d 1133, 1135-36 (9th Cir.2000). We must dismiss an alien’s petition for lack of jurisdiction, however, if it is determined that Petitioner was convicted under any law of the United States for a firearm offense under 8 U.S.C. § 1251 (a)(2)(C) (1994). We review the BIA’s legal conclusions de novo, although the BIA’s interpretation of the meaning of the statute is entitled to deference. INS v. Aguirre-Aguirre, 526 U.S. 415, 424-25 , 119 S.Ct.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.