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AL-SALEHI v. I.N.S.

No. 94-9527.

47 F.3d 390 (1995)

Nader Ghloum AL-SALEHI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

February 8, 1995.

Attorney(s) appearing for the Case

Philip M. Alterman, Beverly W. Oserow, Denver, CO, for petitioner.

Frank W. Hunger, Asst. Atty. Gen., Robert Kendall, Jr., Alison R. Drucker, Dept. of Justice, Civ. Div., Office of Immigration Litigation, Washington, DC, for respondent.

Before ANDERSON, BALDOCK, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This petition for review raises a question of first impression in the circuit: whether an aggravated felony conviction constitutes an absolute bar to withholding of deportation under 8 U.S.C. § 1253(h)(2)(B), without the need for an additional, specific finding of danger to the community. For the reasons expressed below, we join several of our sister circuits and answer this question in the affirmative.1

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