United States Second Circuit

A petition for review of the Board of Immigration Appeals' order affirming the Immigration Judge's finding that petitioner was removable, is dismissed, where: 1) the record evidence clearly and convincingly demonstrates that petitioner was convicted of a controlled substance violation, and thus, petitioner was properly deemed inadmissible; and 2) because the legal regime in force at the time of an alien's conviction determines whether an alien is entitled to seek relief under former section 212(c) of the Immigration and Nationality Act, and petitioner's conviction for a controlled substance post‐dated the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, he is ineligible for a waiver of deportation under section 212(c).

Appellate Information

• Decided 06/17/2014
• Published 06/17/2014

Judges

• JACOBS

Court

• United States Second Circuit

Counsel