June Dumayas Bayudan v. John Ashcroft, Attorney General

ORDER

This case involves a petition for review of a removal order issued by the Board of Immigration Appeals (“BIA”). We lack jurisdiction over the petition due to petitioner’s conviction for an aggravated felony, and dismiss the petition.

I

June Dumas Bayudan (“Bayudan”) is a citizen of the Philippines living in the United States. Bayudan was admitted as an immigrant into the United States in January 1983. In September 1986, the 16-year-old Bayudan took part in a gang beating during which the victim received fatal injuries. Bayudan was tried as an adult and convicted of manslaughter in Hawaii state court in August 1995. The conviction was affirmed on direct appeal to the Hawaii Supreme Court in August 1997.

The INS initiated deportation proceedings against Bayudan in May 1998, charging him with removability for conviction of a crime involving moral turpitude under Immigration and Nationality Act (“INA”) § 237(a)(2)(A)®, 8 U.S.C. § 1227 (a)(2)(A)®. Bayudan argued that manslaughter is not a crime of moral turpitude and applied for cancellation of removal under INA § 240A(a), 8 U.S.C. § 1229b(a). He also argued that his removal would cause extreme hardship to his wife, a United…