Limonteco Lucas v. Lynch

Petitioner, a native and citizen of Mexico, seeks review of the BIA's order finding him statutorily ineligible for relief from removal under former section 212(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(c). The court concluded that the BIA did not err in finding petitioner ineligible for section 212(c) relief. In this case, the treatment of petitioner's prior offense (transporting an alien within the United States) as an aggravated felony - which is proper even if it is retroactive - means that under the pre-Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, Div. C, Stat. 3009-546, law otherwise in effect at the time he pleaded guilty in December 1996, he would have been deportable whether he traveled abroad or not. Accordingly, the court denied the petition. View "Limonteco Lucas v. Lynch" on Justia Law