Mendez-Rosas v. Immigration & Naturalization Service

In January of 1994, deportation proceedings were commenced against Petitioner Rogelio Mendez-Rosas, charging that he is subject to deportation because of his conviction for attempted capital murder. 1

On October 27, 1994, Petitioner appeared before an immigration judge, conceded deportability, and applied for discretionary relief via a waiver of deportation pursuant to § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c). After a hearing on the merits, the immigration judge granted Petitioner’s request for relief. On appeal, the Board of Immigration Appeals (“BIA”) vacated the…