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MOLINA-AMEZCUA v. I.N.S.

No. 92-70143.

6 F.3d 646 (1993)

Federico MOLINA-AMEZCUA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1993.

Attorney(s) appearing for the Case

Eric Beaudikofer, El Centro, CA, for petitioner.

Stuart M. Gerson, Asst. Atty. Gen., and Robert Kendall, Jr., Asst. Director, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: BRUNETTI, KOZINSKI and BOGGS, Circuit Judges.

PER CURIAM:

Under section 241(a)(4)1 of the Immigration and Nationality Act, an alien becomes deportable if convicted of "two crimes involving moral turpitude." 8 U.S.C. § 1251(a)(4). Yet deportation is not automatic. An alien may get a waiver under section 212(c), 8 U.S.C. § 1182(c). We consider whether the INS may base a deportability determination in part on a crime it has used to support a previous deportability finding but...

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