Opinion · United States Court of Appeals for the Eleventh Circuit

LEONDAVILA v. I. N. S., 19 F.3d 1370 (11th Cir. 1994)

RAFAEL DE LA CRUZ LEONDAVILA, PETITIONER, v. IMMIGRATION & NATURALIZATIONSERVICE & THE Exec. Off. FOR IMMIGRATION Rev., RESPONDENTS., 19 F.3d 1370 (11th Cir. 1994)

Type
Opinion
Court
United States Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1994-04-15
Topic
general

LEONDAVILA v. I. N. S., 19 F.3d 1370 (11th Cir. 1994) RAFAEL DE LA CRUZ LEONDAVILA, PETITIONER, v. IMMIGRATION AND NATURALIZATIONSERVICE AND THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, RESPONDENTS.

Citator

UpLaw has not yet analyzed LEONDAVILA v. I. N. S., 19 F.3d 1370 (11th Cir. 1994). The absence of a flag is not a finding that it is good law.

LEONDAVILA v. I. N. S.,19 F.3d 1370(11th Cir. 1994)
RAFAEL DE LA CRUZ LEONDAVILA, PETITIONER, v. IMMIGRATION AND NATURALIZATION
SERVICE AND THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, RESPONDENTS.
No. 93-4597.
United States Court of Appeals, Eleventh Circuit.
April 15, 1994.
Mario M. Lovo, Manfred Rosennow, Manfred Rosennow, P.A., Miami, FL, for petitioner.

Donald Couvillon, Richard M. Evans, Carl H. McIntyre, Office of Immigration Litigation, Civ. Div., Dept. of Justice, Washington, DC, for respondents.
Petition for Review of an Order of the Board of Immigration Appeals.Page 1371
Before HATCHETT, EDMONDSON, Circuit Judges, and MELTONfn*, Senior District Judge.
PER CURIAM:
[1] The sole issue before the Court is whether the Board of Immigration Appeals (the "BIA") properly reversed the decision of the immigration judge granting the petitioner's application for relief from deportation pursuant to § 212(c) of the Immigration and Nationality Act,8 U.S.C. § 1182(c), upon finding that the petitioner was statutorily ineligible for relief from deportation because, at the time of its review, he was an alien who had been convicted of an aggravated felony and who had served a term of imprisonment of at least 5 years for such felony. The BIA had independent power to decide the case and to conduct de novo review of the record and proceedings.See8 C.F.R. § 3.1(d). Accordingly, we affirm the BIA's reversal of the immigration judge's decision.1

[2] AFFIRMED.
  1. Honorable Howell W. Melton, Senior U.S. District Judge for the Middle District of Florida, sitting by designation. ↩
  2. In light of the disposition of the petition, the petitioner's motion for a stay of deportation pending resolution of petition for review is denied. ↩