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Keywords

appealhearingfelonyparoledeportationliens
appealhearingfelonyparoledeportationliens

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Elia v. Gonzales

Facts

Jawdat Elia was convicted in Michigan in 1991 for possessing a controlled substance and was sentenced to a term of two to twenty years in prison. However, after an appeal, he was resentenced to five to twenty years due to the statutory minimum for his offense. Elia served five years and was paroled in 1996. Following his conviction, the INS initiated deportation proceedings against him, and he sought a waiver of deportability under 212(c), which was denied based on his sentence length.

Jawdat Elia was convicted in Michigan in 1991 for possessing a controlled substance and was sentenced to a term of two to twenty years in prison. However, after an appeal, he was resentenced to five to twenty years due to the statutory minimum for his offense. Elia served five years and was paroled in 1996. Following his conviction, the INS initiated deportation proceedings against him, and he sought a waiver of deportability under 212(c), which was denied based on his sentence length.

Issue

Was Jawdat Elia statutorily ineligible for a waiver of deportability under former 212(c) of the Immigration and Nationality Act due to his conviction for an aggravated felony and the length of his sentence?

Was Jawdat Elia statutorily ineligible for a waiver of deportability under former 212(c) of the Immigration and Nationality Act due to his conviction for an aggravated felony and the length of his sentence?

Rule

Under former 212(c) of the Immigration and Nationality Act, aliens convicted of aggravated felonies who have served a term of imprisonment of at least five years are ineligible for relief.

Aliens convicted of one or more aggravated felonies, who have served a term of imprisonment of [***5] at least five years, are ineligible for 212(c) relief. Id. ; 8 C.F.R. 212.3(f)(4).

Analysis

The court found that Elia's actual period of incarceration exceeded five years, which rendered him ineligible for 212(c) relief. Despite Elia's arguments regarding the nature of his sentence and the timing of his deportation hearing, the court upheld the IJ's determination that the length of actual imprisonment, not the imposed sentence, dictated eligibility for relief.

The court found that Elia's actual period of incarceration exceeded five years, which rendered him ineligible for 212(c) relief. Despite Elia's arguments regarding the nature of his sentence and the timing of his deportation hearing, the court upheld the IJ's determination that the length of actual imprisonment, not the imposed sentence, dictated eligibility for relief.

Conclusion

The court denied Elia's petition for review, affirming the decision that he was ineligible for a waiver of deportability under 212(c) due to his aggravated felony conviction and the length of his imprisonment.

The court denied Elia's petition for review, affirming the decision that he was ineligible for a waiver of deportability under 212(c) due to his aggravated felony conviction and the length of his imprisonment.

Who won?

The government prevailed in this case as the court upheld the decision of the Immigration Judge and the Board of Immigration Appeals, confirming Elia's ineligibility for relief under 212(c).

The government prevailed in this case as the court upheld the decision of the Immigration Judge and the Board of Immigration Appeals, confirming Elia's ineligibility for relief under 212(c).

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