Arevalo-Lopez v. I.N.S., AREVALO-LOPE
| Decision Date | 30 January 1997 |
| Docket Number | No. 96-1754,AREVALO-LOPE,P,96-1754 |
| Citation | 104 F.3d 100 |
| Parties | Angeletitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
M. Corbett Stevenson (argued), Sullivan & Stevenson, Milwaukee, WI, for Petitioner.
Samuel Der-Yeghiayan, Immigration & Naturalization Service, Chicago, IL, David M. McConnell, Stephen W. Funk, Department of Justice, Civil Division, Immigration Litigation, Laura A. Smith (argued), United States Department of Justice, Immigration Litigation, Washington, DC, for Respondent.
Before CUMMINGS, EASTERBROOK and ILANA DIAMOND ROVNER, Circuit Judges.
Petitioner is a Mexican national born on August 8, 1948. On July 7, 1950, he immigrated to the United States through Hidalgo, Texas, and has resided in the United States since then. At age 10 he began to take drugs and by the mid-60s he was using heroin. He has had four felony convictions: (1) assault and battery; (2) aggravated assault and battery; (3) manslaughter; and (4) injury by conduct regardless of life. After serving six years for the first two convictions, he was paroled in 1974 at 25. Thereafter he worked at various jobs in Illinois, Indiana, California and Wisconsin. In 1987 he was convicted of a fourth felony, injury by conduct regardless of life, and was finally released from prison in 1992.
The Immigration and Naturalization Service commenced deportation proceedings against him in October 1988, alleging that he was deportable as a result of the conviction for two crimes involving moral turpitude, namely, the 1969 Indiana aggravated assault and battery conviction and the 1987 Wisconsin injury by conduct regardless of life conviction.
In October 1992 petitioner was found deportable and applied for discretionary relief from deportation under Section 212(c) of the Immigration and Nationality Act (8 U.S.C. § 1182(c)). The immigration judge granted him the requested relief. However, in March 1996 the Board of Immigration Appeals decided against petitioner, holding that the equities he advanced did not outweigh the adverse factors and that there was a need for "clearer evidence of rehabilitation" before he was entitled to relief. The Immigration and Naturalization Service ordered petitioner to surrender for deportation on April 2, 1996. On March 28, 1996, he filed a petition in this Court for review of the final deportation order.
Petitioner lives in East Chicago, Indiana, with his parents. His 15-year-old daughter has been living with her maternal grandmother. At his deportation hearing, petitioner testified as to his drug use, including heroin. He also used drugs while in prison and sold heroin there. He admitted that he has a violent temper and beat his former girlfriend in front of their daughter. However, he asserted that he had been free of drugs since 1988 and was following a Narcotics Anonymous program. He said he hoped to have his daughter join him in Milwaukee where allegedly he had a potential job offer. Various relatives testified about his reform.
Before the Board of Immigration Appeals, the Service emphasized petitioner's four criminal convictions, his long criminal record and alcohol and drug abuse. The Service noted that he had spent ten years in prison and contributed no financial support to his family. The Board ordered the petitioner deported to Mexico and the Service advised him to surrender for deportation on April 2, 1996. We decided not to stay his deportation because the Immigration and Naturalization Service acknowledged that his deportation was automatically stayed pending review of the final deportation order.
In November 1996 the...
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