RODRIGUES v. I.N.S.

Nos. 92-2169, 93-1294.

994 F.2d 32 (1993)

Rui Fernando Da Conceicao RODRIGUES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided May 24, 1993.


Attorney(s) appearing for the Case

Lenore Glaser, Boston, MA, for petitioner.

Donald E. Keener, Attorney, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Robert Kendall, Jr., Asst. Director, Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, DC, were on brief, for respondent.

Before BREYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and STAHL, Circuit Judge.


BREYER, Chief Judge.

Federal law classifies as "deportable" an "alien ... convicted" of unlawfully "possessing ... a firearm." Immigration and Nationality Act of 1952, Pub.L. 82-414, 66 Stat. 163, as amended (INA), § 241(a)(2)(C), 8 U.S.C. § 1251(a)(2)(C). The law nonetheless permits the Attorney General to "adjust[]" the "status" of a "deportable" alien "to that of an alien lawfully admitted for permanent residence," but only if, among other things...

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