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Alfredo Fidel MEZA, aka Alfredo Fidel Meza Chavez, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-06-05No. No. 07-73346
473 F. App'x 763

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Opinion

majority 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.