Peralta-Taveras v. Gonzales, 488 F.3d 580, ___ (2d Cir. May 22, 2007) (order granting INA 212(c) relief does not eliminate a conviction for purposes of barring cancellation of removal as an aggravated felony conviction: "The granting of a 212(c) waiver does not expunge the underlying offense or its categorization as an aggravated felony. See, e.g., Chan v. Ganter, 464 F.3d 289, 295 (2d Cir. 2006) (observing that "a waiver under section 212(c) does not preclude the INS or the courts from relying on the underlying offense to bar other forms of immigration relief or benefits); Matter of Baldera, 20 I. & N. Dec. 389, 391 (BIA 1991) ("[S]ince a grant of section 212(c) relief waives' the finding of ... deportability rather than the basis of the excludability itself, the crimes alleged to be grounds for ... deportability do not disappear from the alien's record for immigration purposes")."), following Becker v. Gonzales, 473 F.3d 1000, 1003-04 (9th Cir. 2007); Amouzadeh v. Winfrey, 467 F.3d 451, 458-59 (5th Cir. 2006); Munoz-Yepez v. Gonzales, 465 F.3d 347, 350 (8th Cir. 2006); Rodriguez-Munoz v. Gonzales, 419 F.3d 245, 248 (3d Cir. 2005).