Opinion · Board of Immigration Appeals

BALDERAS

20 I. & N. Dec. 389

Type
Opinion
Court
Board of Immigration Appeals
Jurisdiction
Federal
Date
1991-07-01
Topic
general

How later courts describe this case

  • holding that 1-212 waiver does not eliminate or pardon convictions
  • stating that “a grant of section 212(c) relief ‘waives’ the finding of excludability or deportability rather than the basis of the excludability itself”
  • holding that a conviction which has previously been relied upon in a charge of deportability, but terminated by a grant of relief under § 212(c), is not expunged or pardoned and may be later alleged as one of the two crimes involving moral turpitude in a second proceeding
  • observing in the context of a section 212(c) waiver that “a grant of . . . relief ‘waives’ the finding of excludability or deportability rather than the basis of the excludability itself”
  • “[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.”

Citator

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Cited by
57 opinions