Lupera-Espinoza v. Attorney General of the United States
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
The question presented is whether an alien who has spent more than five years in prison for . an aggravated felony is eligible for a waiver of deportation under former Immigration and Nationality Act (INA) § 212(c). We hold that he is not.
I
A native and citizen of Ecuador, Jorge Espinoza became a lawful permanent resident of the United States in 1980. In January 1994, he was served with an order to show cause charging him with deporta-bility on the basis of a February 1993 New York conviction for selling cocaine. In response, Espinoza filed an…
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