Meza v. Holder , 473 F. App'x 763 ( 2012 )

FILED
NOT FOR PUBLICATION JUN 05 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALFREDO FIDEL MEZA, aka Alfredo No. 07-73346
Fidel Meza Chavez,
Agency No. A092-774-974
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 1, 2012 **
San Francisco, California
Before: W. FLETCHER,*** CALLAHAN, and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
Due to the death of Judge Pamela A. Rymer, Judge William A.
Fletcher, United States Circuit Judge for the Ninth Circuit, was drawn to replace
her. Judge Fletcher has read the briefs and reviewed the record.
Petitioner Alfredo Meza is ineligible for cancellation of removal under 8
U.S.C. § 1229b(b)(1)(C), because he has been convicted of two crimes involving
moral turpitude, which are offenses under 8 U.S.C. § 1182(a)(2)(A)(i)(I);
specifically, he was convicted of a theft in violation of California Penal Code
Section 484(a), and check fraud in violation of California Penal Code Section
476a. See Rusz v. Ashcroft, 376 F.3d 1182, 1184 (9th Cir. 2004); Burr v. INS, 350
F.2d 87, 91–92 (9th Cir. 1965). Although these convictions were subsequently
expunged pursuant to state law, such expungement does not change their
immigration consequences. See Murillo-Espinoza v. INS, 261 F.3d 771, 774 (9th
Cir. 2001). Moreover, even if Meza qualified for a discretionary waiver of
removability under 8 U.S.C. § 1182(h), such a waiver would not erase the crimes
alleged to be grounds for removability from his record for immigration purposes.
See Becker v. Gonzales, 473 F.3d 1000, 1003–04 (9th Cir. 2007).
DENIED.
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