Paulino Rivas-Miranda v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JAN 12 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PAULINO RIVAS-MIRANDA, No. 10-72433
Petitioner, Agency No. A073-422-774
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Paulino Rivas-Miranda, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
remand to reapply for relief under 8 U.S.C. § 1254a. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
remand, and review de novo claims of due process violations. Castillo-Perez v.
INS, 212 F.3d 518, 523 (9th Cir. 2000). We deny the petition for review.
The BIA did not abuse its discretion in denying Rivas-Miranda’s motion to
remand where he failed to show eligibility for Temporary Protected Status
(“TPS”). See 8 U.S.C. § 1254a(c)(2)(B)(i) (an alien who has been convicted of
two or more misdemeanors in the United States is not eligible for TPS); Ramirez-
Castro v. INS, 287 F.3d 1172, 1175 (9th Cir. 2002) (expungement of a
misdemeanor California conviction does not eliminate the immigration
consequences of the conviction). It follows that Rivas-Miranda’s due process
claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error
for a petitioner to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2 10-72433