Ornelas

Ornelas v. Gonzales

Good Law
231 F. App'x 570
United States Court of Appeals for the Ninth CircuitMay 1, 2007No. 04-70819California482 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Antonio Ornelas (“Ornelas”), a citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an order of removal. The immigration judge (“U”) found that Ornelas was twice convicted of corporal injury of a spouse and therefore precluded from relief. Ornelas asserts that the IJ erred in ruling: that he had admitted the second of the two convictions; that he was deportable even though he was convicted the second time under a recidivist provision; and that he was convicted of two crimes of moral turpitude not “arising out of a single scheme of conduct,” under the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1227 (a)(2)(A)(ii). None of these arguments has merit, and we deny the petition.

First, Ornelas personally admitted to both violations of Cal.Penal Code § 273.5(a), at a hearing held August 26, 2002. He has provided no evidence that diminishes either the credibility or the sufficiency of his own testimony. Ornelas’s challenge to the finding of the second violation is without merit.

Ornelas also asserts that he was convicted the second time under a “recidivist” provision, which did not…

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