Nourredine Khodja v. Eric H. Holder

KANNE, Circuit Judge.

Petitioner Nourredine Khodja became a lawful permanent resident of the United States on February 11, 1984. In 1990, Khodja was convicted of aggravated battery and armed violence and sentenced to four years’ imprisonment. After his sentencing hearing, Khodja moved for a judicial recommendation against deportation (“JRAD”). An assistant attorney for the Immigration and Naturalization Service (“INS”) stated that the motion should be denied because Khodja could seek a § 212(c) waiver in a subsequent immigration proceeding. On this basis, the trial judge denied the motion.…