Arina

Arina v. Gonzales

Good Law
162 F. App'x 695
United States Court of Appeals for the Ninth CircuitJanuary 3, 2006No. 04-73113California1,247 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Paller Arina petitions this Court for review of the Board of Immigration Appeals’ dismissal of his appeal. Arina was found removable by the immigration judge (IJ) for having committed two crimes of moral turpitude not arising out of the same criminal act. Following an individual hearing, the IJ denied Arina’s application for cancellation of removal and ordered him removed to the Philippines. Arina challenges the IJ’s determination that a third conviction, for tampering with evidence, was applicable to his removal proceedings, and also contends that his Fifth Amendment rights to a full and fair hearing were violated. We decline to reach Arina’s claims regarding the applicability of his third conviction because he is already removable on the basis of two shoplifting convictions. Regarding Arina’s constitutional claims, we find that his due process rights were not violated.

I.

Arina contests the applicability of his 2003 conviction for tampering with evidence to his immigration proceedings, but his arguments regarding this third conviction are irrelevant as Arina is already removable on the basis of two shoplifting convictions. Title 8 U.S.G. §…

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