Palacios

MEMORANDUM ***

This case is a petition for review of a decision of the Board of Immigration Appeals which held that the petitioner was removable from the United States because he had been convicted of two crimes of moral turpitude, despite the fact that those crimes had been expunged pursuant to California’s rehabilitative statute, CaLPenal Code § 1203.4. The BIA found him ineligible for cancellation of removal for the same reasons. We DENY the petition for review.

The federal courts are precluded from considering a final order of removal against an alien when the alien was found removable for having committed a crime of moral turpitude. 8 U.S.C. § 1252 (a)(2)(C). However, we do have jurisdiction to determine whether or not we can permissibly exercise jurisdiction. Lujarh-Armendariz v. INS, 222 F.3d 728, 734 (9th Cir.2000).

The BIA has held that under 8 U.S.C. § 1101 (a)(48)(A) the INS does not recognize state rehabilitative expungements of convictions. In Re Roldark-Santoyo, 22 I. & N. Dec. 512 (BIA 1999) (en banc), vacated on other grounds sub nom. Lujarir-Armendariz, 222 F.3d 728 (9th Cir.2000). This court subsequently affirmed that decision, holding that the BIA’s…