Hernandez-Casillas v. I.N.S.
| Decision Date | 04 January 1993 |
| Citation | 983 F.2d 231 |
| Parties | Hernandez-Casillas v. INS NO. 92-4033 |
| Court | U.S. Court of Appeals — Fifth Circuit |
Appeal From: I.N.S.
AFFIRMED.
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4 cases
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Vo v. Gonzales
...ground of deportation charged is also a ground of inadmissibility"). The Attorney General affirmed the comparability requirement in Matter of Hernandez-Casillas, 20 I. & N. Dec. 262, 1990 WL 385764 (BIA 1990), aff'd,
Hernandez-Casillas v. INS, 983 F.2d 231 (5th Cir. 1993) (table), following an attempt by the BIA to expand § 212(c) availability to all "aliens deportable under any ground of deportability except those where there is a comparable ground of exclusion which has been specifically... -
Chow v. I.N.S.
...that a Sec. 212(c) waiver is available in deportation proceedings only to those aliens who have been found deportable under a charge of deportability for which there is a comparable ground of excludability.
In re Hernandez-Casillas, 983 F.2d 231 (5th Cir.1993) (unpublished). The First Circuit has addressed the issue of whether Sec. 212(c) authorizes the granting of discretionary relief to aliens convicted of possession of a firearm without a license. In Campos v. INS, 961 F.2d 309... -
Bedoya-Valencia v. I.N.S.
...determined in Hernandez-Casillas that the Francis rule should not be extended to allow Sec. 1182(c) relief in such situations. His ruling was affirmed by the Fifth Circuit, without opinion. See
Hernandez-Casillas v. INS, 983 F.2d 231 (5th Cir.1993)(mem.). Three other circuits concur. See Leal-Rodriguez v. INS, 990 F.2d 939, 950-52 (7th Cir.1993) (entry without inspection); Campos v. INS, 961 F.2d 309, 314-17 (1st Cir.1992) (firearms violation); Cabasugexclusion. In so ruling, the BIA followed the decision of the Attorney General, reversing a divided BIA, in In re Hernandez-Casillas, Interim Decision No. 3147, 1990 WL 385764 (BIA Jan. 11, 1990; Att'y Gen. Mar. 18, 1991), aff'd mem., 983 F.2d 231 (5th Cir.1993). We vacate and remand, directing the BIA to exercise its discretion regarding Bedoya-Valencia's application for Sec. 1182(c) The facts in this case are uncontested. Bedoya-Valencia, a native and citizen of Colombia,... -
Ramirez v. Ashcroft
...waive deportation grounds that have comparable grounds of inadmissibility or exclusion. See, e.g., Rodriguez v. INS, 9 F.3d 408 (5th Cir.1993); Chow v. INS, 12 F.3d 34 (5th Cir.1993);
Matter of Hernandez-Casillas, 983 F.2d 231 (5th Cir.1993) (unpublished). The government argues that because unauthorized use of a motor vehicle is not a crime involving moral turpitude, there is no comparable ground of inadmissibility or exclusion that would permit Ramirez to obtain...