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statuteappealfelonynaturalizationliens
appealfelonynaturalizationliens

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Ruiz-Almanzar v. Ridge

Facts

In September 1978, Dario Ruiz-Almanzar, a native and citizen of the Dominican Republic, entered the United States as a lawful permanent resident. He was convicted of criminal possession of stolen property in July 1996, leading to an order from the Immigration and Naturalization Service (INS) charging him with deportability as an alien convicted of an aggravated felony. The Immigration Judge (IJ) determined that he was deportable and ineligible for discretionary relief due to his conviction. The BIA upheld this decision, stating that the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) barred him from seeking relief under 212(c).

In September 1978, Dario Ruiz-Almanzar, a native and citizen of the Dominican Republic, entered the United States as a lawful permanent resident. He was convicted of criminal possession of stolen property in July 1996, leading to an order from the Immigration and Naturalization Service (INS) charging him with deportability as an alien convicted of an aggravated felony.

Issue

Whether the petitioner, who was found deportable due to a criminal conviction, could apply for relief under INA 212(c) in conjunction with an adjustment of status application.

Whether the petitioner, who was found deportable due to a criminal conviction, could apply for relief under INA 212(c) in conjunction with an adjustment of status application.

Rule

The court held that 212(c) relief is not available to a deportable alien, even if they seek to apply for adjustment of status, as per the amendments made by the AEDPA.

The court held that 212(c) relief is not available to a deportable alien, even if they seek to apply for adjustment of status, as per the amendments made by the AEDPA.

Analysis

The court applied the Chevron deference standard, determining that Congress's intent was clear in the AEDPA amendments, which categorically barred 212(c) relief for aliens deportable due to specific criminal offenses. The court found that the BIA's interpretation of the statute was consistent with its language and intent, affirming that Ruiz-Almanzar remained a deportable alien unless he qualified for an adjustment of status, which he could not do without the 212(c) relief he was ineligible for.

The court applied the Chevron deference standard, determining that Congress's intent was clear in the AEDPA amendments, which categorically barred 212(c) relief for aliens deportable due to specific criminal offenses.

Conclusion

The court denied the petition for review and affirmed the BIA's decision, concluding that the petitioner was ineligible for 212(c) relief due to his deportable status.

The court denied the petition for review and affirmed the BIA's decision, concluding that the petitioner was ineligible for 212(c) relief due to his deportable status.

Who won?

The Bureau of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision that the petitioner was ineligible for 212(c) relief based on the clear language of the AEDPA.

The Bureau of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision that the petitioner was ineligible for 212(c) relief based on the clear language of the AEDPA.

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