Jayme

Jayme v. Ashcroft

Good Law
24 F. App'x 668
United States Court of Appeals for the Ninth CircuitNovember 8, 2001No. 00-70926; I & NS No. A35-582-146California607 words

Opinion

Lead Opinion

MEMORANDUM **

McJames Jayme (“Jayme” or “Petitioner”), a native of the Philippines, seeks review of an order issued by the Board of Immigration Appeals (“BIA”), determining that he had not established a valid claim of ineffective assistance of counsel or of United States citizenship, and dismissing his appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(5) for review of Petitioner’s claim of citizenship and nationality arising under 8 U.S.C. § 1432 (a) (now repealed). We-have jurisdiction to determine whether Jayme: (1) is an alien who; (2) is removable because; (3) he was convicted of an aggravated felony. See Matsuk v. INS, 247 F.3d 999, 1000-02 (9th Cir.2001). We review legal questions under the INA de novo, although the BIA’s interpretation of the meaning of *670 the statute is entitled to deference. See Ladha v. INS, 215 F.3d 889, 896 (9th Cir.2000).

Jayme concedes that he was convicted for battery with a deadly weapon, for which a sentence of 96 months was imposed. Thus, he is an aggravated felon removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) if he is an alien.

Jayme also concedes that he does not meet the statutory conditions for citizenship provided in 8 U.S.C.…

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.