De Osorio v. U.S. Immigration & Naturalization Service

OPINION

WILLIAMS, Circuit Judge:

This petition presents a question of statutory interpretation regarding an amendment to § 212(c) of the Immigration and Naturalization Act (INA), 8 U.S.C.A. § 1182(c) (West Supp.1993). The amendment bars aliens convicted of an aggravated felony who have served a term of imprisonment of at least five years from seeking the discretionary waiver of deportation available under § 212(c). The Board of Immigration Appeals, applying this provision, held that discretionary relief from deportation was not available to either Nubia Marin de Osorio or Gustavo Adolfo Osorio…