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RODRIGUEZ-PADRON v. I.N.S.

Nos. 92-2015, 92-2016, 92-4094, 92-4672, 92-4674, 92-4986 to 92-4988, 92-4994 to 92-4996, 92-5014, 92-5015 and 92-5105.

13 F.3d 1455 (1994)

Fernando RODRIGUEZ-PADRON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Osvaldo DAVILA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Dale Delmar DOWNS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Lazaro JIMINEZ-MUNOZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Primitivo IZQUIERDO-DELGADO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Andre SAUNDERS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Caleme CHERFRERE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Lazaro MATEO-RUIZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Luis LACASSE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Jean Ronald ROSAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Remo Lamott MISSICK, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Raul DELGADO-NUNEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Jennifer Dianica YOUNG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Angel L. BATALLAN-VASQUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eleventh Circuit.

January 21, 1994.

Attorney(s) appearing for the Case

Patricia S. Wihnyk, Florida Institutional Legal Services, Inc., Gainesville, FL, for petitioners.

Donald Couvillon, Richard M. Evans, Carl H. McIntyre, Office of Immigration Litigation, Civ. Div., Dept. of Justice, Washington, DC, for respondents in Nos. 92-2015, 92-4672, 92-4986, 92-4987, 92-4988, 92-4994, 92-4995, 92-4996 and 92-5105.

Richard Smith, I.N.S., Kenneth Hurewitz, Gen. Atty., Miami, FL, Donald Couvillon, Richard M. Evans, Carl H. McIntyre, Appellant Counsel, Civ. Div., Immigration Litigation, Washington DC, for respondents in Nos. 92-2016 and 92-5014.

Richard M. Evans, Carl H. McIntyre, David J. Kline, Immigration Litigation, Civ. Div., Washington, DC, for respondent in No. 92-4094.

Richard M. Evans, Carl H. McIntyre, Dept. of Justice, Office of Immigration Litigation, Washington, DC, for respondent in No. 92-4674.

Donald A. Couvillon, Carl McIntyre, Office of Immigration Litigation, Civ. Div., Washington, DC, for respondent in No. 92-5015.

Before ANDERSON and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves an issue of immigration law upon which there is a split of authority — i.e., whether the Section 212(c) waiver is available in deportation proceedings when the deportation is based upon a ground which has no analogue in exclusion proceedings. This is the consolidated appeal of fourteen permanent resident aliens (hereinafter "Petitioners"), all of whom have been convicted of firearms offenses and thus were classified...

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