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Keywords

attorneyregulationmisdemeanorasylumdeportationnaturalizationliensadmissibility
attorneyregulationdue processasylumdeportationliens

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Komarenko v. Immigration and Naturalization Service

Facts

Petitioner, a former Soviet citizen and a lawful permanent resident of the U.S., was convicted of assault with a deadly weapon. The Immigration and Naturalization Service ordered his deportation and ruled he was ineligible for asylum. Komarenko conceded he was deportable but submitted applications for asylum, withholding of deportation, and waiver of inadmissibility. An Immigration Judge held that he was ineligible for these forms of relief based on his conviction.

On March 12, 1990, Alexander Komarenko, a former Soviet citizen and a lawful permanent resident of the United States, was convicted of assault with a deadly weapon in violation of California Penal Code 245(a)(2) and sentenced to four years of imprisonment.

Issue

Did the Immigration Judge's refusal to grant Komarenko access to relief under 212(c) of the Immigration and Nationality Act violate his right to equal protection under the law?

Did the Immigration Judge's 'absolute refusal' to allow him access to relief under 212(c) of the Immigration and Nationality Act ('INA'), 8 U.S.C. 1182 (c) (1988), violate his right to equal protection of the law under the Due Process Clause of the Fifth Amendment?

Rule

The court applied the principle that the equal protection component of the Fifth Amendment requires that discretionary relief be accorded in the deportation context when the basis for deportation is identical to a statutory ground for exclusion.

The equal protection component of the fifth amendment due process guarantee requires that discretionary relief be accorded in the deportation context as well.

Analysis

The court analyzed whether the deportation provision for aliens convicted of firearms charges and the exclusion provision for moral turpitude were substantially identical. It concluded that they were not, as the deportation provision applies to all convictions for firearms charges, while the exclusion provision does not apply to misdemeanors. Therefore, the distinction between the two classes of aliens was not arbitrary or unreasonable.

The provisions are entirely dissimilar, and the distinction between the two classes is not arbitrary or unreasonable.

Conclusion

The court affirmed the BIA's decision, denying Komarenko's petition for review and holding that the Attorney General's regulation barring asylum for aliens convicted of serious crimes was a reasonable exercise of discretion.

We DENY the petition for review and petitioner's request for attorney fees.

Who won?

The Immigration and Naturalization Service prevailed because the court upheld the regulation barring asylum for aliens convicted of serious crimes, finding it a reasonable exercise of discretion.

The court concluded that the Attorney General's regulation barring asylum for aliens convicted of serious crimes was a reasonable exercise of his discretion.

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