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statutewilldeportationliens
statutewilldeportationliens

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Garcia-Jimenez v. Gonzales

Facts

The government charged petitioner Jose Garcia-Jimenez with being removable on account of two prior criminal convictions occurring in the mid-1990s and a recent attempt to smuggle undocumented aliens into the country. Garcia-Jimenez's criminal convictions occurred before Congress replaced the Immigration and Nationality Act's waiver of deportation provisions with the more stringent cancellation of removal provisions. He was entitled to apply for, and did receive, a waiver as to his convictions. However, the Immigration Judge denied relief as to the alien smuggling charge, applying 8 U.S.C.S. 1229b(c)(6), which precluded cancellation of removal in cases where the alien had been granted a waiver of deportation.

The government charged petitioner Jose Garcia-Jimenez with being removable on account of two prior criminal convictions occurring in the mid-1990s and a recent attempt to smuggle undocumented aliens into the country. Garcia-Jimenez's criminal convictions occurred before Congress replaced the Immigration and Nationality Act's waiver of deportation provisions with the more stringent cancellation of removal provisions.

Issue

Whether 8 U.S.C. 1229b(c)(6) bars an alien from obtaining cancellation of removal if he has ever received a waiver of deportation.

Whether 8 U.S.C. 1229b(c)(6) bars an alien from obtaining cancellation of removal if he has ever received a waiver of deportation.

Rule

8 U.S.C. 1229b(c)(6) provides that cancellation of removal is not available to an alien who has been granted relief under 212(c) of the Immigration and Nationality Act.

8 U.S.C. 1229b(c)(6) provides that cancellation of removal is not available to: [a]n alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 1254(a) of this title or who has been granted relief under [212(c) ] of this title, as such sections were in effect before September 30, 1996.

Analysis

The court applied the plain language of 8 U.S.C. 1229b(c)(6) to conclude that it explicitly bars any alien who has received a waiver of deportation from obtaining cancellation of removal. The court noted that the statute does not differentiate based on when the waiver was granted, stating that any receipt of 212(c) relief will foreclose 1229b relief. The court emphasized that the statute's language is clear and unambiguous, and thus, Garcia-Jimenez was ineligible for cancellation of removal.

The court applied the plain language of 8 U.S.C. 1229b(c)(6) to conclude that it explicitly bars any alien who has received a waiver of deportation from obtaining cancellation of removal. The court noted that the statute does not differentiate based on when the waiver was granted, stating that any receipt of 212(c) relief will foreclose 1229b relief.

Conclusion

The BIA correctly held that 8 U.S.C. 1229b(c)(6) barred Garcia-Jimenez from seeking cancellation of removal. The petition for review is DENIED.

The BIA correctly held that 8 U.S.C. 1229b(c)(6) barred Garcia-Jimenez from seeking cancellation of removal. The petition for review is DENIED.

Who won?

The government prevailed in the case because the court upheld the BIA's interpretation of the statute, which barred Garcia-Jimenez from obtaining cancellation of removal due to his prior waiver of deportation.

The government prevailed in the case because the court upheld the BIA's interpretation of the statute, which barred Garcia-Jimenez from obtaining cancellation of removal due to his prior waiver of deportation.

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