Sierra-Reyes v. Immigration and Naturalization Service, SIERRA-REYE
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before BROWN, Chief Judge, COLEMAN and VANCE; PER CURIAM |
| Citation | 585 F.2d 762 |
| Parties | Jesus Manueletitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, an agency of the United States Government and its Director, the Attorney General of the United States, Respondents. Summary Calendar. * |
| Docket Number | No. 78-1874,SIERRA-REYE,P,78-1874 |
| Decision Date | 07 December 1978 |
Page 762
v.
IMMIGRATION AND NATURALIZATION SERVICE, an agency of the
United States Government and its Director, the
Attorney General of the United States,
Respondents.
Fifth Circuit.
Joseph J. Rey, Jr., El Paso, Tex., for petitioner.
Griffin B. Bell, Atty. Gen., Philip Wilens, Chief, Government Reg. and Labor Section, James P. Morris, Atty., Eric A. Fisher, Dept. of Justice, Washington, D. C., for respondents.
Page 763
Charles Perez, Dist. Director, Immigration and Naturalization Service, El Paso, Tex., Troy A. Adams, Jr., Dist. Director, Immigration and Naturalization Service, New Orleans, La., for other interested parties.
Petition for Review of Order of the Immigration and Naturalization Service.
Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.
PER CURIAM:
The petitioner, Jesus Manuel Sierra-Reyes, was found deportable and denied discretionary relief from deportation by an immigration judge. The Board of Immigration Appeals dismissed petitioner's appeal and affirmed the order of deportation. We affirm and dismiss this petition for review.
The petitioner admits that he was born in Mexico and that his mother is not a United States citizen, and he has never alleged becoming a naturalized American citizen. He was admitted to the United States as a lawful permanent resident on January 14, 1952, when he was two months old. He married an American citizen on April 16, 1973.
Deportation proceedings were initiated with the issuance of an Order to Show Cause on December 24, 1975. The petitioner was charged with deportability under § 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C.A. § 1251(a) (4), which provides:
(a) Any alien in the United States (including an alien crewman) shall, upon the order of the Attorney General, be deported who
(4) . . . at any time after entry is convicted of two crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial;
The petitioner was convicted in 1969 of theft and sentenced to two years imprisonment, but sentence was suspended and he was placed on probation. In 1970, petitioner was convicted of burglary and again sentenced to two years imprisonment, with sentence suspended and probation imposed. 1
Before the immigration judge and the Board, petitioner argued that he should be granted discretionary relief from deportation under § 212(c) of the Act, 8 U.S.C.A. § 1182(c). That section provides:
(c) Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of paragraphs (1)-(25), (30), and (31) of subsection (a) of this section. Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 1181(b) of this title.
Although the statute is by its terms applicable only to aliens seeking to reenter the United States after a trip abroad,...
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Cuevas-Gaspar v. Gonzales, 03-73562.
...779 F.2d 1419, 1421 (9th Cir.1986). I have found no case from this or any other circuit holding otherwise. See, e.g., Sierra-Reyes v. INS, 585 F.2d 762, 763 (5th Cir.1978); United States v. Stromberg, 227 F.2d 903, 905 (5th Cir.1955); Rudolph v. United States ex rel. Rock, 6 F.2d 487, 490 (......
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Paredes-Urrestarazu v. U.S. I.N.S., PAREDES-URRESTARAZ
...in section 1000.5 do not constitute a state equivalent of 21 U.S.C. Sec. 844(b)(2) or 18 U.S.C. Sec. 3607(c). 15 Cf. Sierra-Reyes v. INS, 585 F.2d 762, 764 n. 2 (5th Cir.1978) (contending, in dicta, that police reports concerning conduct for which no prosecution resulted "were not probative......
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Parcham v. I.N.S., 81-1529
...merits of the respondent's application for discretionary relief. Unlike the police reports [improperly] employed in Sierra-Reyes v. INS, 585 F.2d 762 (5th Cir.1978), which enumerated charges that had apparently been dropped for insufficient evidence, the respondent [here] appeared twice in ......
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Secundino Baez v. USA, CV-09-662-HU.
...resulted should not have been counted as adverse factors in denying section 212(c) relief. Id. at 816 n. 15 (citing Sierra-Reyes v. INS, 585 F.2d 762, 764 n. 2 (5th Cir.1978)). Here, in terms of plaintiff's marijuana arrest, there is more than a police report concerning conduct for which no......
-
Cuevas-Gaspar v. Gonzales, 03-73562.
...779 F.2d 1419, 1421 (9th Cir.1986). I have found no case from this or any other circuit holding otherwise. See, e.g., Sierra-Reyes v. INS, 585 F.2d 762, 763 (5th Cir.1978); United States v. Stromberg, 227 F.2d 903, 905 (5th Cir.1955); Rudolph v. United States ex rel. Rock, 6 F.2d 487, 490 (......
-
Paredes-Urrestarazu v. U.S. I.N.S., PAREDES-URRESTARAZ
...in section 1000.5 do not constitute a state equivalent of 21 U.S.C. Sec. 844(b)(2) or 18 U.S.C. Sec. 3607(c). 15 Cf. Sierra-Reyes v. INS, 585 F.2d 762, 764 n. 2 (5th Cir.1978) (contending, in dicta, that police reports concerning conduct for which no prosecution resulted "were not probative......
-
Parcham v. I.N.S., 81-1529
...merits of the respondent's application for discretionary relief. Unlike the police reports [improperly] employed in Sierra-Reyes v. INS, 585 F.2d 762 (5th Cir.1978), which enumerated charges that had apparently been dropped for insufficient evidence, the respondent [here] appeared twice in ......
-
Secundino Baez v. USA, CV-09-662-HU.
...resulted should not have been counted as adverse factors in denying section 212(c) relief. Id. at 816 n. 15 (citing Sierra-Reyes v. INS, 585 F.2d 762, 764 n. 2 (5th Cir.1978)). Here, in terms of plaintiff's marijuana arrest, there is more than a police report concerning conduct for which no......