United States Ninth Circuit

Petition for review of a dismissal of Mexican native's appeal from an IJ's order of removal is denied where: 1) because the statutory maximum term of imprisonment for petitioner's bribery offense was fifteen years, the petty offense exception to inadmissibility does not apply; and 2) the IJ did not violate his due process right to a full and fair hearing by unilaterally advancing the hearing date. The plain language of 8 U.S.C. section 1182(a)(2)(A)(ii)(II) indicates that the "maximum penalty possible" refers to the statutory maximum, not the maximum guideline sentence to which an alien was exposed.

Appellate Information

• Argued 11/06/2007
• Decided 05/08/2008
• Published 05/08/2008

Judges

• TASHIMA, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Fernando L. Cosio, Honolulu, HI, for petitioner.


• For Appellees:
  
• Norah Ascoli Schwarz, Civil Division, U.S. Department of Justice, Washington, D.C., for respondent.