Logourl black
From our private database of 14,000+ case briefs...

Yepes-Prado v. U.S. Immigration and Naturalization Service

United States Court of Appeals for the Ninth Circuit
10 F.3d 1363 (1993)


Facts

Rigoberto Yepes-Prado (plaintiff) was lawfully admitted to the United States in 1974. Since admission, Yepes-Prado maintained steady employment. In 1984, he was arrested for possession of heroin and intent to distribute. Based on his subsequent conviction for the drug charge, the Immigration and Naturalization Service (INS) (defendant) ordered Yepes-Prado to show cause as to why he should not be deported under a statute authorizing such deportation for aliens who have been convicted of violating laws regarding controlled substances. After conceding that he was eligible for deportation, Yepes-Prado sought a discretionary waiver under § 212(c) of the Immigration and Naturalization Act (Act). Such a waiver is granted only after a thorough analysis of the relevant factors that weigh in favor and against such a decision. The Immigration Judge (IJ) denied Yepes-Prado’s request despite finding that several equities weighed in his favor. Yepes-Prado appealed to the Board of Immigration Appeals (BIA). The BIA found that Yepes-Prado had outstanding equities and was eligible for relief, but found no error in the IJ’s decision. Yepes-Prado petitioned for review of the BIA’s decision.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Reinhardt, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.