975 F.2d 1157 (5th Cir. 1992), 92-4158, Silwany-Rodriguez v. I.N.S.

Docket Nº:92-4158
Citation:975 F.2d 1157
Case Date:October 26, 1992
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 1157

975 F.2d 1157 (5th Cir. 1992)

Ibrahim SILWANY-RODRIGUEZ, Petitioner,



No. 92-4158

United States Court of Appeals, Fifth Circuit

October 26, 1992

Rehearing Denied Jan. 11, 1993.

Page 1158

Douglas H. Stein, Miami, Fla., Ibrahim Ghantous, Coral Gables, Fla., for petitioner.

Alice M. King, Mark C. Walters, Asst. Director, Donald E. Keener, Robert Kendall, Jr., Robert L. Bomboush, Wm. Barr, Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for I.N.S.

John B.Z. Caplinger, District Director, I.N.S., New Orleans, La., for other interested parties.

Petition for Review of an Order of the Board of Immigration Appeals.

Before JOLLY, DUHE, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Ibrahim Silwany-Rodriguez petitions for review of an order of the Board of Immigration Appeals denying his application for asylum and ordering his deportation to Nicaragua. Because we conclude that the board's decision was correct, we grant review and affirm.


Silwany-Rodriguez lawfully entered the United States in the company of his parents, at the age of twelve, in March 1980. He and his parents were admitted as B-2 "visitors for pleasure" and given permission to remain in the United States until June. On March 25, 1980, Silwany-Rodriguez's father, Ibrahim Rodriguez, Sr., applied to the District Director of the Immigration and Naturalization Service in Miami for political asylum. As a minor member of his father's family, Silwany-Rodriguez was included in the application as a "rider." That application was neither adjudicated nor withdrawn. 1 Subsequently, in 1987, Rodriguez, Sr. applied for political amnesty under 8 U.S.C. § 1255(a) (1987).

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That application was granted, and the Rodriguez family was given temporary resident status.

Silwany-Rodriguez remained in the Miami area with his family, graduating from high school with a good grade point average and securing a job as an assistant store manager with the Circle K Corporation. In 1989, while employed with Circle K, he was arrested for his tangential role in a cocaine transaction. Silwany-Rodriguez was approached by the "main defendant" and asked if he knew anyone who was in the business of selling cocaine. He replied that he might, and proceeded to make a telephone call that put the main defendant in touch with a seller of cocaine. He never saw or handled any cocaine, was not involved in the transaction after he made the telephone call, and never received or expected to receive any financial remuneration for his participation. Silwany-Rodriguez pleaded guilty, cooperated fully with the prosecutor, and played a significant role in the conviction of eight other defendants.

Pursuant to his guilty plea, Silwany-Rodriguez was convicted in the United States District Court for the Southern District of Florida of conspiracy to possess with intent to distribute cocaine in September 1989. The district judge sentenced him to fifteen months of incarceration followed by a supervisory period of four years. The INS subsequently issued an order to show cause charging him with deportability in March 1990, and had his status as a temporary lawful resident of the United States terminated in October 1990.

At the hearing on the order to show cause in January 1991, the immigration judge found that Silwany-Rodriguez was deportable because of his conviction for an aggravated felony. 2 Silwany-Rodriguez informed the judge that he was requesting relief from deportation by resubmitting the unadjudicated political asylum claim that had been filed by his father in 1980, and at that time submitted an application for asylum to...

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