RELIEF - 212(C) RELIEF - ELIGIBILITY - NONCITIZEN NOT ELIGIBLE FOR 212(C) RELIEF SINCE TEST REQUIRING COMPARABLE GROUND OF INADMISSIBILITY APPLIES TO SPECIFIC AGGRAVATED FELONY GROUNDS
Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (rejecting argument that the Board of Immigration Appeals erred in finding noncitizen ineligible for discretionary relief under former INA 212(c) because the comparability test does not apply to persons charged with deportability on the basis of specific aggravated felony grounds).
RELIEF - 212(C) RELIEF - ELIGIBILITY - NONCITIZEN NOT ELIGIBLE FOR 212(C) RELIEF DESPITE FACT THAT AGGRAVATED FELONY OFFENSE TRIGGERING DEPORTATION CONSTITUTED CRIME OF MORAL TURPITUDE FOR WHICH THERE IS A COMPARABLE GROUND OF INADMISSIBILITY
Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (rejecting argument that the Board of Immigration Appeals erred in finding noncitizen ineligible for discretionary relief under former INA 212(c) because the crime forming the basis for the aggravated felony/crime of violence finding, first-degree sexual assault, is a "crime involving moral turpitude" under INA 212(a), 8 U.S.C. 1182(a), which does have a counterpart in section 212(a) and is thus waivable under section 212(c)).