Maria Angelica Membreno v. Alberto R. Gonzales, Attorney General

Maria Angelica Membreno petitions for review of a decision of the Board of Immigration Appeals (“BIA”), denying her motion to reopen her removal proceedings. We dismiss the petition in part and deny it in part.

I

Membreno, a native and citizen of Mexico, entered the United States as a temporary resident in 1987. In 1992, she was arrested after shooting (but not killing) the owner of a restaurant that competed with the restaurant owned by Membreno and her husband. Membreno pled guilty to a felony count of “willfully and unlawfully commit[ting] an assault ... with a firearm” in violation of California Penal Code section 245(a)(2). The state criminal court suspended the imposition of her sentence and granted her three years of probation, the first 180 days of which were to be served in the county jail.

On April 13, 2000, Membreno was seized at the port of entry in San Ysidro, California. The Immigration and Naturalization Service (“INS”) commenced removal proceedings and a hearing was held before an immigration judge (“IJ”). After the hearing, the IJ issued a written decision ordering Membreno deported and removed to Mexico on the ground that her California conviction for assault…