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DOE v. I.N.S.

No. 97-16093.

120 F.3d 200 (1997)

John DOE, Petitioner-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 20, 1997.

Submitted April 22, 1997.

Decided July 29, 1997.

Attorney(s) appearing for the Case

Cynthia M. Parsons, Assistant United States Attorney, Phoenix, AZ, for respondent-appellant Immigration and Naturalization Service.

Jeanette Chevalier-White, Attorney at Law, Phoenix, AZ, for petitioner-appellee John Doe.

Before: SCHROEDER, ALARCON and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a writ of audita querela may issue to vacate a criminal conviction on solely equitable grounds.

I

John Doe is a native and citizen of Mexico, who entered the United States without inspection in December 1987. On June 16, 1988, Doe applied for amnesty as a Special Agricultural Worker ("SAW") under the Immigration Reform and Control Act of 1986 ("IRCA"). See 8 U.S.C. § 1160. The...

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