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attorneystatuteappealdeportationnaturalizationliens
jurisdictionattorneystatuteappealdeportationliens

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Rodriguez v. Immigration and Naturalization Service

Facts

Rodriguez is a native and citizen of Mexico who has lived continuously in the United States as a permanent resident alien since April 1968. In April 1988, he was convicted in state court in Bexar County, Texas, of three offenses: possession of cocaine, possession of lysergic acid diethylamide (LSD), and possession of a prohibited weapon, a sawed-off shotgun. Following these convictions, the Immigration and Naturalization Service (INS) issued an order charging that Rodriguez was deportable based on his convictions.

Rodriguez is a native and citizen of Mexico who has lived continuously in the United States as a permanent resident alien since April 1968. The facts surrounding his deportation order are not in dispute. In April 1988, he was convicted in state court in Bexar County, Texas, of three separate offenses: 1 (1) possession of cocaine; (2) possession of lysergic acid diethylamide (LSD); and (3) possession of a prohibited weapon, a sawed-off shotgun.

Issue

Whether an alien who has been ordered deported on the basis of possession of a prohibited weapon under 8 U.S.C. 1251(a)(14) is eligible for relief from deportation under 8 U.S.C. 1182(c).

The issue before us is whether an alien who has been ordered deported on the basis of possession of a prohibited weapon under section 241(a)(14) of the INA, 8 U.S.C. 1251(a)(14), is eligible for relief from deportation under section 212(c), 8 U.S.C. 1182(c).

Rule

Section 212(c) of the Immigration and Nationality Act allows the Attorney General to waive exclusion of aliens found to be inadmissible upon certain grounds specified in section 212(a). However, there is no provision for exclusion of aliens convicted of weapons offenses.

Section 212(c) allows the Attorney General to waive exclusion of aliens who are found to be inadmissible upon certain grounds specified in section 212(a), 8 U.S.C. 1182(a).

Analysis

The court held that Rodriguez was ineligible to apply for section 212(c) relief because his conviction for possession of a sawed-off shotgun, a ground for deportation, is not also a waivable ground for exclusion under section 212(a). The court noted that his separate convictions for drug charges do not change this outcome, as the offenses are distinctly different.

We hold that Rodriguez is ineligible to apply for section 212(c) relief because his conviction of possession of a sawed-off shotgun, a ground for deportation, is not also a waivable ground for exclusion under section 212(a). His separate convictions for the drug charges do not mandate a different result.

Conclusion

The court denied the petition for review, affirming the BIA's decision that Rodriguez was not eligible for relief from deportation by statute.

The court denied the petition for review, affirming the BIA's decision that Rodriguez was not eligible for relief from deportation by statute.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision that Rodriguez was ineligible for relief from deportation based on his conviction.

The BIA dismissed his appeal from an immigration judge's denial of relief and order of deportation. We have jurisdiction pursuant to 8 U.S.C. 1105a(a). We deny the petition for review.

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