Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (noncitizen deportable as aggravated felony cannot waive aggravated felony by application for relief under INA 212(c) because there is no aggravated felony or crime of violence ground of exclusion, even assuming the aggravated felony was also a CMT), following In re Brieva-Perez, 23 I. & N. Dec. 766, 772-73 (BIA 2005), and Komarenko v. INS, 35 F.3d 432, 435 (9th Cir.1994).

jurisdiction: 
First Circuit

 

TRANSLATE