Eski

MEMORANDUM ***

Petitioner Imran Eski petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA) on August 26, 2005. Eski is a native and citizen of Turkey who was admitted to the United States on December 26, 1990, and became a lawful permanent resident on October 16, 1991. On October 30, 1995, Eski pleaded guilty to second-degree assault in violation of Wash. Rev.Code § 9A.36.021(1)(C) and was sentenced to 21 months’ imprisonment. Eski was placed into removal proceedings in 2003 pursuant to Immigration and Nationality Act (INA) § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii), as an alien convicted of an aggravated felony, and pursuant to INA § 237(a)(2)(A)®, 8 U.S.C. § 1227 (a)(2)(A)®, as an alien convicted of a crime involving moral turpitude committed within five years of the date of his admission. Eski initially conceded removability and applied for discretionary relief from removal under former INA § 212(c). 1 At the § 212(c) hearing, the immigration judge (IJ) allowed the government to introduce evidence of pending theft charges against Eski. The IJ ultimately determined that the adverse factors outweighed the positive factors and…