Grinsztein-De Marco v. Ashcroft

Good Law
119 F. App'x 153
United States Court of Appeals for the Ninth CircuitJanuary 12, 2005No. 02-73341; Agency No. A72-865-135California461 words

Opinion

Lead Opinion

MEMORANDUM **

Ariben Grinsztein-De Marco, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s order (“IJ”) deporting Petitioner under former 8 U.S.C. § 1251 (a)(2)(A)(ii) and denying his application for suspension of deportation. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence a finding of statutory ineligibility for suspension of deportation based on a lack of good moral character. Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001). We deny the petition.

Petitioner was twice convicted of theft under California Penal Code § 484(a). Petitioner contends that the crimes were part of a single scheme of criminal misconduct and therefore he is not deportable under 8 U.S.C. § 1251 (a)(2)(A)(ii) (“Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether the convictions were in a single trial, is deportable.”).

The crimes occurred on different dates and in different…

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