Neal Andrew CARR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Carr petitions us to review the decision of the Board of Immigration Appeals (Board), holding him deportable under section 241(a)(2)(C) of the Immigration and Nationality Act (Act), 8 U.S.C. § 1251 (a)(2)(C). We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1105a(a). We deny the petition.

I

Carr is a native of Canada who entered the United States at Blaine, Washington, on March 12, 1967. At that time, he was two years old, and he entered as a legal permanent resident.

On November 7, 1991, Carr was convicted of assault with a deadly weapon in violation of California Penal Code § 245(a)(2) (prohibiting “[a]ny person [from] committing] an assault upon the person of another with a firearm”). The Act subjects aliens convicted of firearms offenses to deportation. See 8 U.S.C. § 1251 (a)(2)(C). On March 8, 1993, the Immigration and Naturalization Service (Service) issued Carr an order to show cause charging his deportability.

Carr challenged his deportation by moving the immigration judge (IJ) to terminate deportation proceedings so that he could receive an expungement of his conviction under California Penal Code § 1203.4. An ex-pungement, Carr argued, would…