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Keywords

appealdeportationnaturalization
appealdeportationnaturalization

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Mullen-Cofee v. Immigration and Naturalization Service

Facts

Mullen is a native and citizen of Scotland who entered the United States illegally after being convicted of drug trafficking in Canada. He was placed under deportation proceedings after the INS issued an Order to Show Cause, charging him with being deportable under section 241(a)(1) of the Immigration and Nationality Act due to his narcotics-related convictions. The immigration judge found him deportable based on his admissions regarding these convictions and denied him eligibility for voluntary departure.

Mullen is a native and citizen of Scotland who entered the United States illegally after being convicted of drug trafficking in Canada. He was placed under deportation proceedings after the INS issued an Order to Show Cause, charging him with being deportable under section 241(a)(1) of the Immigration and Nationality Act due to his narcotics-related convictions. The immigration judge found him deportable based on his admissions regarding these convictions and denied him eligibility for voluntary departure.

Issue

Whether the immigration judge and the Board of Immigration Appeals erred in finding Mullen ineligible for suspension of deportation or for voluntary departure based on his narcotics-related convictions.

Whether the immigration judge and the Board of Immigration Appeals erred in finding Mullen ineligible for suspension of deportation or for voluntary departure based on his narcotics-related convictions.

Rule

An alien cannot be held ineligible for discretionary relief unless he is actually charged and deported on the specific grounds that make him ineligible.

An alien cannot be held ineligible for discretionary relief unless he is actually charged and deported on the specific grounds that make him ineligible.

Analysis

The court applied the rule by determining that Mullen was indeed charged with and found deportable for violations of Canada's narcotics laws. The immigration judge's reliance on the broad language of section 1251(a)(1) implicitly included a finding of deportability under section 1251(a)(11), which pertains to controlled substance convictions. Thus, the BIA's application of the ten-year requirement for discretionary relief was deemed appropriate.

The court applied the rule by determining that Mullen was indeed charged with and found deportable for violations of Canada's narcotics laws. The immigration judge's reliance on the broad language of section 1251(a)(1) implicitly included a finding of deportability under section 1251(a)(11), which pertains to controlled substance convictions. Thus, the BIA's application of the ten-year requirement for discretionary relief was deemed appropriate.

Conclusion

The court affirmed the BIA's decision, concluding that Mullen was statutorily ineligible for suspension of deportation or for voluntary departure due to his narcotics-related convictions.

The court affirmed the BIA's decision, concluding that Mullen was statutorily ineligible for suspension of deportation or for voluntary departure due to his narcotics-related convictions.

Who won?

The Immigration and Naturalization Service prevailed in the case as the court upheld the order of deportation based on the petitioner's narcotics-related convictions.

The Immigration and Naturalization Service prevailed in the case as the court upheld the order of deportation based on the petitioner's narcotics-related convictions.

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