In Matter of Marin, 16 I&N Dec. 581 (BIA 1978), the immigration judge (“IJ”) found respondent deportable as charged on August 23, 1977 and denied his application for a waiver of inadmissibility under §212(c) and respondent's appeal was dismissed.
The respondent who was a 46-year old native and citizen of Colombia was admitted to the U.S. for lawful permanent residence on February 3, 1965 but pleaded guilty in the New York criminal court for the charge of selling cocaine. In April 29, 1976 he was sentenced to minimum mandatory sentence between one year to life. He served 30 months (November 1975 through May 1978).
While respondent was confined he was issued with a charge of deportation under §241(a)(11), as an alien convicted of a designed drug offense. And in hearing on July 20, 1977, the respondent conceded deportability. At hearing, respondent applied for relief under §212(c) which states aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily for seven consecutive years may be admitted in the discretion of the Attorney General without regard to certain specified grounds for exclusion enumerated in Act. The IJ correctly concluded the respondent was statutorily eligible for relief from deportation under §212(c) even though he had not proceeded abroad after his entry for lawful permanent residence.
In this case, the Court found positive and negative factors that a court should consider when granting or denying cancellation of removal. The positive factors include:
Family ties in the US;
Residence in the US (especially if the applicant has been in the US since a very young age);
Evidence of hardship to the applicant and his family if he is deported;
US military service;
Applicant’s history of employment;
Applicant’s service to the community;
Proof of genuine rehabilitation if a criminal record exists;
A willingness to admit that he made a mistake and will not do it again; and
Any other evidence showing the applicant’s good character
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