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GARCIA v. I.N.S.

Nos. 92-4107, 92-3439.

7 F.3d 1320 (1993)

Carlos B. GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Jamal BARGHOUTI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1993.

Attorney(s) appearing for the Case

Meredith J. Ross, David D. Cook, Christopher Burke (argued), Legal Assistance to Institutionalized Persons University of Wisconsin Law School, Madison, WI, for Carlos B. Garcia.

Richard M. Evans (argued), Department of Justice, Office of Immigration Litigation, William P. Barr, Office of U.S. Atty. Gen., Washington, DC, Samuel Der-Yeghiayan, I.N.S., Chicago, IL, for I.N.S. in No. 92-4107.

Carlina Tapia-Ruano, Chicago, IL (argued), for Jamal F. Barghouti.

Fred Foreman, U.S. Atty., Office of U.S. Atty., Crim. Div., Chicago, IL, Richard M. Evans (argued), William J. Howard, David J. Kline, Robert Kendall, Jr., Dept. of Justice Office of Immigration Litigation, Washington, DC, A.D. Moyer, Roger Piper, I.N.S., Chicago, IL, Emily Radford, I.N.S., Washington, DC, for I.N.S. in No. 92-3439.

Before FLAUM, RIPPLE, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

These cases pose the question whether an alien, found deportable as an aggravated felon, is automatically barred from the relief of withholding of deportation without a determination of whether he constitutes a danger to the community. We join the three other circuits that have addressed the issue and hold that the alien is so barred.

I.

The pertinent facts of the two cases are similar. Carlos Garcia is a citizen of El Salvador...

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