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GONCALVES v. I.N.S.

Nos. 92-1122, 92-2272.

6 F.3d 830 (1993)

Jose Manuel GONCALVES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided September 28, 1993.

Attorney(s) appearing for the Case

David Yavner, Providence, RI, for petitioner.

Donald Keener, Acting Asst. Director, with whom Stuart M. Gerson, Asst. Atty. Gen., Civil Div., Anne C. Arries, Office of Immigration Litigation, Civil Div., Dept. of Justice, and David M. McConnell, Atty., Office of Immigration Litigation, Civil Div., Dept. of Justice, Washington, DC, were on brief for respondent.

Before BREYER, Chief Judge, SELYA and STAHL, Circuit Judges.

BREYER, Chief Judge.

The Board of Immigration Appeals has a general procedural rule that says it "may ... reopen or reconsider any case in which it has rendered a decision." 8 C.F.R. § 3.2 (1993). In a series of cases, however, the Board has developed an exception to this procedural rule. The exception relates to a certain kind of Board decision: whether or not to grant "discretionary relief" which would permit an alien, otherwise "deportable," nonetheless to...

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