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Keywords

statuteappealleasefelonydeportationnaturalizationliens
statuteappealleasefelonydeportationnaturalizationliens

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Barreiro v. Immigration and Naturalization Service

Facts

Petitioner Nestor Omar Barreiro, a 40 year old citizen of Argentina, has been a legal permanent resident since December 1980. He was convicted in October 1984 of possession of a sizeable amount of a controlled substance with intent to distribute and was sentenced to a mandatory term of 10 to 15 years. After serving seven years, he was released in April 1992, at which point the Immigration and Naturalization Service issued an order to show cause for his deportation due to his conviction.

Petitioner Nestor Omar Barreiro, a 40 year old citizen of Argentina, has been a legal permanent resident since December 1980. He was convicted in October 1984 of possession of a sizeable amount of a controlled substance with intent to distribute and was sentenced to a mandatory term of 10 to 15 years. After serving seven years, he was released in April 1992, at which point the Immigration and Naturalization Service issued an order to show cause for his deportation due to his conviction.

Issue

Whether the petitioner is entitled to a stay of deportation pending the outcome of his petition to remain in the country despite his conviction for an aggravated felony.

Whether the petitioner is entitled to a stay of deportation pending the outcome of his petition to remain in the country despite his conviction for an aggravated felony.

Rule

8 U.S.C. 1251(a)(11) and 1182(c) state that aliens convicted of one or more aggravated felonies and who have served a term of imprisonment of at least five years are not eligible for a waiver of deportation.

8 U.S.C. 1251(a)(11) and 1182(c) state that aliens convicted of one or more aggravated felonies and who have served a term of imprisonment of at least five years are not eligible for a waiver of deportation.

Analysis

The court applied the rule by determining that the petitioner's conviction for possession with intent to distribute a controlled substance constituted an aggravated felony under INA 101(a)(43). The court noted that even though the majority of his sentence was served prior to the enactment of 513, the conviction itself fell within the scope of the statute, thus disqualifying him from seeking a waiver of deportation.

The court applied the rule by determining that the petitioner's conviction for possession with intent to distribute a controlled substance constituted an aggravated felony under INA 101(a)(43). The court noted that even though the majority of his sentence was served prior to the enactment of 513, the conviction itself fell within the scope of the statute, thus disqualifying him from seeking a waiver of deportation.

Conclusion

The court affirmed the order of the Board of Immigration Appeals, concluding that the petitioner was not entitled to a waiver of deportation due to his aggravated felony conviction.

The court affirmed the order of the Board of Immigration Appeals, concluding that the petitioner was not entitled to a waiver of deportation due to his aggravated felony conviction.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court upheld the Board's decision that the petitioner was ineligible for a waiver of deportation based on his aggravated felony conviction.

The Immigration and Naturalization Service prevailed in the case because the court upheld the Board's decision that the petitioner was ineligible for a waiver of deportation based on his aggravated felony conviction.

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