Cruz-Godinez
Cruz-Godinez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Ramon Cruz-Godinez (“Cruz-Godinez”) appeals the Board of Immigration Appeals’ denial of his motion to reopen. The Board determined that it lacked jurisdiction to hear the motion because Cruz-Godinez had departed from the United States. We hold that we too lack jurisdiction to hear his appeal because Cruz-Godinez was deported for committing an aggravated felony.
Cruz-Godinez is a native and citizen of Mexico whose status was adjusted to that of a temporary resident on May 4, 1988. On December 19, 1991, his status was adjusted to that of a lawful permanent resident. On April 19, 1990, Cruz-Godinez was convicted by a California state court for the offense of receiving stolen property: to wit a Toyota Corolla, and was sentenced to a term of imprisonment of at least one year. On July 8,1999, the Immigration and Naturalization Service commenced removal proceedings, charging Cruz-Godinez with being an alien removable on two separate grounds: (1) he was convicted of a crime involving moral turpitude that was committed within five years after the date of his admission, INA *566 § 237(a)(2)(A)(i)(I); 8 U.S.C. § 1227 (a)(2)(A)(i)(I); and (2) he was convicted of an aggravated…