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MARTI-XIQUES v. I.N.S.

No. 82-6141. Non-Argument Calendar.

713 F.2d 1511 (1983)

Robinson Antonio MARTI-XIQUES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eleventh Circuit.

September 9, 1983.

Attorney(s) appearing for the Case

Stephen H. Broudy, North Miami Beach, Fla., for petitioner.

Lauri Steven Filippu, U.S. Dept. of Justice, James A. Hunolt, I.N.S., Washington, D.C., Elena R. Stinson, San Juan, P.R., for respondent.

Before GODBOLD, Chief Judge, FAY and CLARK, Circuit Judges.

GODBOLD, Chief Judge:

The issue in this appeal is whether appellant Marti-Xiques is eligible for relief from deportation under Sec. 244(a)(1) or 212(c) of the Immigration and Nationality Act ("Act"). 8 U.S.C. Secs. 1254(a)(1), 1182(c) (1976 & Supp. V 1981). We hold that while appellant is ineligible for relief under Sec. 244(a)(1), he is eligible for discretionary relief under Sec. 212(c). We remand to the Board of Immigration Appeals for it to determine whether...

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