Maria Angelica Membreno v. John Ashcroft, Attorney General

Good Law
385 F.3d 1245·2004 WL 2340055·2004 U.S. App. LEXIS 21654
United States Court of Appeals for the Ninth CircuitOctober 19, 200403-71214California628 words

Opinion

Opinion

Maria Angelica Membreno petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of her motion to reopen deportation proceedings. We DISMISS her petition for lack of jurisdiction. 8 U.S.C. §§ 1252 (a)(2)(C), 1182(a)(2)(A)(i)(I).

Background

Maria Membreno, a native and citizen of Mexico, entered the United States as a temporary resident on June 22, 1987. On September 22, 1992, Membreno was arrested after firing four gunshots at the owner of a restaurant that competed with the restaurant owned by Membreno and her husband. Membreno pled guilty to felony assault with a firearm, in violation of California Penal Code section 245(a)(2). The court suspended the imposition of her sentence and granted her three years of probation, the first 180 days of which was to be served in the county jail.

On April 12, 2000, Membreno was seized at the port of entry located in San Ysidro, California. The Immigration and Naturalization Service served Membreno with a Notice to Appear, charging that Membre-no was removable under INA § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182 (a)(2)(A)(i)(I), as an alien wbo had committed a crime involving moral turpitude. An immigration judge ordered Membreno…

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