In Re C-V-T-

22 I & N Dec. 7 (1998)

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In Re C-V-T-

Board of Immigration Appeals
22 I & N Dec. 7 (1998)

Facts

C-V-T- (plaintiff) was a lawful permanent resident of the United States who had come to the country as a refugee from Vietnam. He had resided in the United States for approximately 15 years, had learned English, and lived in Alaska while supporting himself as a mechanic, taxi driver, and fisherman. He was convicted of a minor drug offense and served 90 days in prison after acting as an unpaid middleman in a friend’s purchase of cocaine, and he assisted the police in the arrest of a drug supplier. Following this conviction, the Immigration and Naturalization Service (INS) (defendant) began removal proceedings against him. C-V-T- was statutorily entitled to have the immigration judge consider cancelation of the removal and applied for such relief. The prosecutor who had handled the drug conviction wrote to the INS on C-V-T-’s behalf, asserting that C-V-T- should be allowed to remain in the United States given the very minor nature of his crime. The immigration judge, however, held that C-V-T- had not adequately proved that he warranted cancelation of the removal and denied his request. C-V-T-’s appeal came before the Board of Immigration Appeals.

Rule of Law

Issue

Holding and Reasoning (Holmes, Board Member)

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