Matter of Tinajero

• Decision Date: 03 July 1980
• Docket Number: Interim Decision Number 2803,A-34262790
• Citation: 17 I&N Dec. 424
• Parties: MATTER OF TINAJERO In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

17 I&N Dec. 424

MATTER OF TINAJERO

In Deportation Proceedings

Interim Decision Number 2803

A-34262790

Board of Immigration Appeals.

Decided by Board July 3, 1980

(1) Under Section 1203.4 of the California Penal Code an individual is eligible for expungement of his conviction in those cases where the sentence was suspended, probation was granted, and the conditions of probation have been fulfilled.

(2) In the case of an alien convicted in California of a crime involving moral turpitude, who has received a suspended sentence with probation and is eligible for expungement under Section 1203.4 of the California Penal Code, it is the policy of the Immigration and Naturalization Service to defer the institution of deportation proceedings until the respondent has had a reasonable opportunity to apply for an expungement. Board remanded record to District Director so that proceedings may be held in abeyance for that purpose.

CHARGE:

Order: Act of 1952—Sec. 241(a)(4), I&N Act [8 U.S.C. 1251(a)(4)] —Convicted and sentenced to confinement for a year or more

ON BEHALF OF RESPONDENT: Jose Angel Rodriguez, Esquire, 304 South Broadway, Suite 532, Los Angeles, California 90013.

BY: Milhollan, Chairman; Maniatis, Appleman, Maguire, and Farb, Board Members

This is an appeal from an immigration judge's decision dated May 4, 1978, in which the respondent was found deportable under section 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C. 1251(a)(4) and was denied voluntary departure. The respondent has appealed. The record will be remanded to the Service.

The respondent is a 25-year-old single male alien, a native and citizen of Mexico. On February 15, 1977, he was convicted in the Superior Court of California for the offense of burglary in violation of Section 259 of the California Penal Code and sentenced on March 10, 1977, to one year in the county jail. Execution of the sentence was suspended and the respondent was granted probation for a period of five years.

Based on the above, the immigration judge found the respondent deportable under section 241(a)(4) of the Act. He further found that the crime of burglary is a crime involving moral turpitude and therefore the respondent is statutorily ineligible for the privilege of voluntary departure.

We agree with the finding of the immigration judge that the respondent is deportable under section 241(a)(4) for having pled guilty to the crime of burglary. We further agree that the crime of burglary is...