Meza v. Holder

473 F. App'x 763

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 5, 2012
• Docket: 07-73346
• Status: Unpublished

Opinion

MEMORANDUM ***

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.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.