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DE OSORIO v. U.S. I.N.S.

10 F.3d 1034 (1993)

Nubia Marin De OSORIO, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent, American Immigration Lawyers Association; National Immigration Project of the National Lawyers Guild, Amici Curiae. Gustavo OSORIO, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1993.

As Amended November 16, 1993.

Attorney(s) appearing for the Case

Lory Diana Rosenberg, American Immigration Law Foundation, Washington, DC, argued (Dawn Martin, Rafael Barreto, Martin, Bodley & Kraft, on the brief), for petitioner.

Donald E. Keener, Civil Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart E. Schiffer, Acting Asst. Atty. Gen., Robert Kendall, Jr., Asst. Director, Office of Immigration Litigation, Civil Div., U.S. Department of Justice, on the brief), for respondent.

Denyse Sabagh, Metzger, Gordon & Scully, Washington, DC, Barbara Hines, Lawyers' Committee for Civil Rights Under Law of Texas Immigrant and Refugee Rights Project, Austin, TX, for amici curiae.

Before PHILLIPS, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

This petition presents a question of statutory interpretation regarding an amendment to § 212(c) of the Immigration and Naturalization Act (INA), 8 U.S.C.A. § 1182(c) (West Supp.1993). The amendment bars aliens convicted of an aggravated felony who have served a term of imprisonment of at least five years from seeking the discretionary waiver of deportation available under § 212(c). The Board of Immigration...

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