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ELRAMLY v. I.N.S.

No. 93-70369.

49 F.3d 535 (1995)

Mohammed Baher ELRAMLY, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1995.

Attorney(s) appearing for the Case

Rudy Aguirre, Alhambra, CA, for petitioner.

Michele Y.F. Sarko, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: CANBY, LEAVY and T.G. NELSON, Circuit Judges.

CANBY, Circuit Judge:

The Immigration and Naturalization Service ("INS") is seeking to deport Mohammed Baher Elramly because in 1982 he was convicted of selling $100.00 worth of hashish. Elramly sought discretionary relief based on section 212(c) of the Immigration Act, 8 U.S.C. § 1182(c). Because the Board of Immigration Appeals ("BIA") failed to examine the particular nature of Elramly's drug offense and categorically concluded that it was a "serious drug offense...

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