U.S. Court of Appeals for the Ninth Circuit, 2012

Meza v. Holder

Meza v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 5, 2012 · Fletcher, Callahan, Ikuta
473 F. App'x 763

Meza v. Holder

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.