Yepes-Prado v. U.S. Immigration And Naturalization Servic

10 F.3d 1363 (9th Cir. 1993)

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Nature of the Case

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Facts

Prado (D) was lawfully admitted to the United States as a permanent resident. D was arrested for possession of 14.25 grams of heroin with intent to distribute in violation of California law. He was convicted of that charge and sentenced to one year in the county jail and two years of probation. Otherwise, D had a clean record. INS (P) ordered D to show cause why he should not be deported under section 241 as an alien who has been convicted of a violation of a law relating to a controlled substance. D sought a discretionary waiver under section 212(c). The IJ denied the waiver. D then appealed the IJ's decision to the Board of Immigration Appeals. They found that D had 'outstanding equities' and was eligible for relief, but found no error in the IJ's decision. The BIA enumerated several factors in determining whether or not to grant a section 212(c) petition. Favorable considerations include: 1) family ties within the United States; 2) residence of long duration in this country (particularly when residence began at a young age); 3) hardship to the petitioner or petitioner's family if relief is not granted; 4) service in the United States armed forces; 5) a history of employment; 6) the existence of business or property ties; 7) evidence of value and service to the community; 8) proof of rehabilitation if a criminal record exists; 9) other evidence attesting to good character. To be weighed against these factors are 1) the nature and underlying circumstances of the exclusion or deportation ground at issue; 2) additional violations of the immigration laws; 3) the existence, seriousness, and recency of any criminal record; 4) other evidence of bad character or the undesirability of the applicant as a permanent resident. D appealed.