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Keywords

appealfelonydeportationliens
appealfelonydeportationliens

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Scheidemann v. Immigration and Naturalization Service

Facts

Petitioner James Enrique Scheidemann, a permanent resident alien, faced deportation due to a 1987 drug trafficking conviction for which he served over five years in prison. He did not contest his deportability but argued that he was eligible for a discretionary waiver of deportation under 8 U.S.C.S. 212(c). The immigration judge found him statutorily barred from seeking this relief due to his conviction, which was classified as an aggravated felony under the law.

Petitioner James Enrique Scheidemann, a permanent resident alien, faced deportation due to a 1987 drug trafficking conviction for which he served over five years in prison. He did not contest his deportability but argued that he was eligible for a discretionary waiver of deportation under 8 U.S.C.S. 212(c).

Issue

Whether the Board of Immigration Appeals properly interpreted the statutory bar under 212(c) to apply to aliens convicted of aggravated felonies, even when the conviction predates the enactment of the bar.

Whether the BIA properly interpreted the 212(c) statutory bar to apply to aliens convicted of 'aggravated felonies' as originally defined in 1988 even where the conviction antedates the enactment of both the statutory bar and the underlying definition of 'aggravated felony.'

Rule

The statutory bar under 8 U.S.C.S. 212(c) restricts discretionary relief for aliens who have served at least five years for aggravated felonies, as defined in the Immigration and Nationality Act.

The statutory bar under 8 U.S.C.S. 212(c) restricts discretionary relief for aliens who have served at least five years for aggravated felonies, as defined in the Immigration and Nationality Act.

Analysis

The court determined that the BIA correctly applied the statutory bar to Scheidemann's case, emphasizing that Congress intended for the bar to apply to all convictions classified as aggravated felonies, regardless of when the conviction occurred. The court found that the application of the bar did not violate the presumption against retroactivity, as it did not attach new legal consequences to past conduct.

The court determined that the BIA correctly applied the statutory bar to Scheidemann's case, emphasizing that Congress intended for the bar to apply to all convictions classified as aggravated felonies, regardless of when the conviction occurred.

Conclusion

The court denied Scheidemann's petition for review, affirming the BIA's decision that he was statutorily barred from seeking discretionary relief due to his prior conviction.

The court denied Scheidemann's petition for review, affirming the BIA's decision that he was statutorily barred from seeking discretionary relief due to his prior conviction.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld their interpretation of the statutory bar under 212(c) and denied Scheidemann's petition for review.

The Board of Immigration Appeals prevailed in the case, as the court upheld their interpretation of the statutory bar under 212(c) and denied Scheidemann's petition for review.

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