United States Eighth Circuit

In deportation proceedings, denial of a special motion to reopen for consideration of relief under repealed section 212(c) of the INA is affirmed as: 1) the crime which made petitioner deportable does not have a statutory counterpart in section 212(a) of the Immigration Act, and thus petitioner was not eligible for section 212(c) relief and his equal protection claim failed; 2) petitioner could not establish that he would have been eligible for section 212(c) relief when he pled guilty; and 3) his challenge to the BIA's interpretation of a regulation failed.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• BENTON, Circuit Judge., Before BYE, RILEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer Dellmuth, argued, DeAnne M. Hilgers, Minneapolis, MN, and John C. Keller, St. Paul, MN, on the brief, for petitioner., Immigration Law Clinic of the School of Law at the University of California at Davis, Immigrant Legal Resource Center, National Immigration Project of the National Lawyers Guild, amici curiae, Zachary Nightingale, Marc Van Der Hout and Avantika Shastri, on the brief, San Francisco, CA, for petitioner.


• For Appellees:
  
• Kevin J. Conway, argued, USDOJ, OIL, Washington, DC, for appellee.