Pinzon

Pinzon v. Gonzales

Good Law
175 F. App'x 911
United States Court of Appeals for the Ninth CircuitApril 13, 2006No. 04-71426California1,300 words

Opinion

Lead Opinion

MEMORANDUM *

Armando Caballes Pinzón petitions for judicial review of a decision by the Bureau of Immigration Appeals (“BIA”) affirming the immigration judge’s decision to deny Pinzon’s request to terminate removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D) and we deny the petition.

We review de novo the BIA’s determination of purely legal questions regarding the Immigration and Nationality Act, giving deference to the BIA’s interpretation unless that interpretation is contrary to the plain and sensible meaning of the statute. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We also review de novo claims of due process violations in immigration proceedings, id., and we review de novo the question of whether a state statutory crime constitutes a crime involving moral turpitude, Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1017 (9th Cir. 2005).

The Due Process Claim

Pinzón claims that the BIA denied him due process by failing to provide him with a full and fair hearing. In particular, he claims that the BIA treated the section 212(c) issue as the sole issue on appeal and failed to address the issue of inadmissibility. His claim is baseless. In…

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