Ernesto Espinoza-Castro v. Immigration and Naturalization Service

T.G. NELSON, Circuit Judge:

Ernesto Espinoza-Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA’s) decision'affirming the Immigration Judge’s (IJ’s) finding that Espinoza was deportable pursuant to 8 U.S.C. § 1251(a)(1) because (1) he was excludable at entry under 8 U.S.C. § 1182(a)(22) for having remained outside the United States to avoid or evade military service during a period of national emergency, and (2) he was not covered by a presidential pardon for violations of the Selective Service Act.

At oral argument, counsel conceded that…