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

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


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


Holding and Reasoning (Reinhardt, J.)

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