425 F.3d 1227 (9th Cir. 2005), 03-71214, Membreno v. Gonzales

Docket Nº:03-71214.
Citation:425 F.3d 1227
Party Name:Maria Angelica MEMBRENO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.
Case Date:October 14, 2005
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 1227

425 F.3d 1227 (9th Cir. 2005)

Maria Angelica MEMBRENO, Petitioner,


Alberto R. GONZALES, Attorney General, Respondent.

No. 03-71214.

United States Court of Appeals, Ninth Circuit.

October 14, 2005

Argued and Submitted June 21, 2005

Shan D. Potts, Berke Law Offices, Los Angeles, California, for the petitioner.

Page 1228

Peter D. Keisler, Assistant Attorney General, Civil Division, Donald E. Keener, Deputy Director, Office of Immigration Litigation, and John Andre, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A90-046-605

Before: Mary M. Schroeder, Chief Judge, Harry Pregerson, Stephen Reinhardt, Andrew J. Kleinfeld, M. Margaret McKeown, Ronald M. Gould, Richard A. Paez, Richard C. Tallman, Johnnie B. Rawlinson, Jay S. Bybee, and Carlos T. Bea, Circuit Judges.


GOULD, Circuit Judge:

Maria Angelica Membreno petitions for review of a decision of the Board of Immigration Appeals ("BIA"), denying her motion to reopen her removal proceedings. We dismiss the petition in part and deny it in part.

I [1

Membreno, a native and citizen of Mexico, entered the United States as a temporary resident in 1987. In 1992, she was arrested after shooting (but not killing) the owner of a restaurant that competed with the restaurant owned by Membreno and her husband. Membreno pled guilty to a felony count of "willfully and unlawfully commit[ting] an assault . . . with a firearm" in violation of California Penal Code section 245(a)(2). The state criminal court suspended the imposition of her sentence and granted her three years of probation, the first 180 days of which were to be served in the county jail.

On April 13, 2000, Membreno was seized at the port of entry in San Ysidro, California. The Immigration and Naturalization Service ("INS")2 commenced removal proceedings and a hearing was held before an immigration judge ("IJ"). After the hearing, the IJ issued a written decision ordering Membreno deported and removed to Mexico on the ground that her California conviction for assault with a firearm constituted "a crime involving moral turpitude" under 8 U.S.C. § 1182(a)(2)(A)(i)(I). In reaching this conclusion, the IJ relied explicitly on BIA precedents holding that assault with a deadly weapon is a crime involving moral turpitude. See In re Medina, ...

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