United States First Circuit

Petition for review of denial of motion to terminate removal proceedings and decision to pretermit application for a waiver of inadmissibility under former INA section 212(c) is denied where: 1) the BIA made no error of law when it concluded that plaintiff was a lawful permanent resident with prior convictions and thus upon re-entry to the country was properly treated as an arriving alien bearing the burden of proving admissibility; and 2) the equities in the case are not compelling enough to upset the BIA's finding that plaintiff did not demonstrate a proper basis for seeking a nunc pro tunc application for relief under INA section 212(c) to the date of his first post-conviction admission to the U.S.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, SILER, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ilana Etkin Greenstein, Harvey Kaplan, Jeremiah Friedman, Maureen O'Sullivan, Jeanette Kain and Kaplan, O'Sullivan & Friedman, LLP, on brief for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, Mary Jane Candaux, Assistant Director and Michael C. Heyse, Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, on brief for respondent.