United States First Circuit

Denial of application for discretionary relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. section 1182(c) is affirmed where: 1) defendant's claim that his manslaughter conviction did not constitute a crime of violence was foreclosed since defendant never sought judicial review of the BIA's past ruling which affirmed the IJ's finding that he was an aggravated felon, and the time-limit for such an argument is jurisdictional; and 2) defendant's argument that his crime was one of moral turpitude, which is a ground for waiver under section 212(c), was irrelevant since the earlier crime of violence determination acted independently to preclude waiver.

Appellate Information

• Decided 11/16/2006
• Published 11/16/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief JUDGE, SELYA, Circuit Judge, and SARIS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Roberto Gonzalez and Audette, Bazar, Berren & Gonzalez Inc. on brief for petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, and Margot L. Nadel, Office of Immigration Litigation, Civil Division, Department of Justice, on brief for respondent.