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Keywords

statuteappealleasefelonydeportationnaturalizationlienspiracy
appealfelonydeportationlienspiracy

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Giusto v. Immigration and Naturalization Service

Facts

Petitioner Giuseppe Giusto, a lawful permanent resident since 1980, was convicted in 1985 of conspiracy to distribute and possession with intent to distribute heroin and cocaine, which were classified as aggravated felonies. He was sentenced to two concurrent 12-year terms and served approximately six years in prison. Following his release, the Immigration and Naturalization Service initiated deportation proceedings against him based on his convictions, leading him to seek discretionary relief under 212(c) of the Immigration and Nationality Act.

Petitioner Giuseppe Giusto, a lawful permanent resident since 1980, was convicted in 1985 of conspiracy to distribute and possession with intent to distribute heroin and cocaine, which were classified as aggravated felonies. He was sentenced to two concurrent 12-year terms and served approximately six years in prison.

Issue

Did the Board of Immigration Appeals err in denying Giusto discretionary relief from deportation under 212(c) of the Immigration and Nationality Act based on his aggravated felony convictions?

Did the Board of Immigration Appeals err in denying Giusto discretionary relief from deportation under 212(c) of the Immigration and Nationality Act based on his aggravated felony convictions?

Rule

Under 212(c) of the Immigration and Nationality Act, as amended by the Immigration Act of 1990, discretionary relief from deportation is not available to an alien who has been convicted of one or more aggravated felonies and has served a term of imprisonment of at least five years.

Under 212(c) of the Immigration and Nationality Act, as amended by the Immigration Act of 1990, discretionary relief from deportation is not available to an alien who has been convicted of one or more aggravated felonies and has served a term of imprisonment of at least five years.

Analysis

The court applied the amended provisions of 212(c) to Giusto's case, noting that he had served six years for his aggravated felony convictions. The court found that the amendment did not violate equal protection principles, as Congress has the authority to regulate immigration and can establish classifications among aliens based on their criminal history and length of imprisonment. The court concluded that the distinction made by the statute was rational and served a legitimate governmental interest.

The court applied the amended provisions of 212(c) to Giusto's case, noting that he had served six years for his aggravated felony convictions. The court found that the amendment did not violate equal protection principles, as Congress has the authority to regulate immigration and can establish classifications among aliens based on their criminal history and length of imprisonment.

Conclusion

The court denied Giusto's appeal of the deportation order and affirmed the Board's decision, holding that the Board had no discretionary authority to allow Giusto to remain in the United States due to his aggravated felony convictions and the length of his imprisonment.

The court denied Giusto's appeal of the deportation order and affirmed the Board's decision, holding that the Board had no discretionary authority to allow Giusto to remain in the United States due to his aggravated felony convictions and the length of his imprisonment.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld its decision to deny Giusto discretionary relief from deportation based on the statutory provisions applicable to his situation.

The Board of Immigration Appeals prevailed in the case, as the court upheld its decision to deny Giusto discretionary relief from deportation based on the statutory provisions applicable to his situation.

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