Ok Hee Kim v. Gonzales

MEMORANDUM *

Ok Hee Kim petitions for review of a decision of the Board of Immigration Appeals (“BIA”) that found her removable under 8 U.S.C. § 1227 (a)(2)(A)(ii) for two convictions of crimes involving moral turpitude. Kim argues that: (1) she is not removable because her two convictions arose out of a single scheme of criminal misconduct, and (2) she should be granted relief due to her former counsel’s ineffective assistance that resulted in prejudice. The facts are known to the parties and we do not recite them here.

We have jurisdiction over this matter under 8 U.S.C. § 1252 (a)(1). Congress has withdrawn our jurisdiction to review a removal order based on two convictions for crimes involving moral turpitude only if both predicate offenses are otherwise covered by 8 U.S.C. § 1227 (a)(2)(A)®. See 8 U.S.C. § 1252 (a)(2)(C). To fall within the purview of 8 U.S.C. § 1227 (a)(2)(A)®, each predicate offense must be “a crime for which a sentence of one year or longer may be imposed.” 8 U.S.C. § 1227 (a)(2)(A)(i)(II). Kim’s petty misdemeanor prostitution convictions carried a *619 maximum sentence of thirty days. See Haw.Rev.Stat. § 712-1200(4)(a), (b). Accordingly, we have…