Raul Percira GONCALVES, Petitioner, Appellant,
v.
Janet RENO, Attorney General of the United States; Dorris Meissner, Commissioner of the Immigration and Naturalization Service; Steve Farquharson, INS District Director, Boston District; Department of Justice; and Immigration and Naturalization Service, Respondents, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 9, 1998.
Decided May 15, 1998.
Attorney(s) appearing for the Case
Frederick Q. Watt, with whom Watt & Sylvia and Lee Gelernt, Lucas Guttentag, Cecillia Wang, Michael Wishnie and the American Civil Liberties Union Immigrants' Rights Project were on brief, for appellant.
Frank W. Hunger, Assistant Attorney General, Civil Division, with whom William J. Howard, Senior Litigation Counsel, and Edward J. Duffy, Attorney, Civil Division, Office of Immigration Litigation, United States Department of Justice were on brief, for appellees.
Gerald L. Neuman and Lenni B. Benson for amici curiae Debra Anker, Lecturer in Law, Harvard Law School; Prof. Lenni B. Benson, New York Law School; Carolyn Patty Blum, Lecturer in Law, University of California at Berkeley School of Law; Prof. Richard A. Boswell, Hastings College of the Law, University of California; Prof. Erwin Chemerinsky, University of Southern California; Prof. David D. Cole, Georgetown University Law Center; Prof. Michael J. Churgin, University of Texas School of Law; Prof. Mary L. Dudziak, University of Iowa College of Law; Prof. Joan M. Fitzpatrick, University of Washington School of Law; Prof. Maryellen Fullerton, Brooklyn Law School; Prof. Kevin R. Johnson, University of California at Davis School of Law; Prof. Daniel Kanstroom, Boston College Law School; Prof. Harold Hongju Ko, Yale Law School; Prof. Stephen H. Legomsky, Washington University School of Law; Prof. Hiroshi Motomura, University of Colorado School of Law; Prof. Gerald L. Neuman, Columbia University School of Law; Prof. Carol Sanger, Columbia University School of Law; Prof. John Scanlan, Indiana University School of Law at Bloomington; Prof. Peter H. Schuck, Yale Law School; Prof. Peter J. Spiro, Hofstra University School of Law; Prof. Margaret H. Taylor, Wake Forest University School of Law; Prof. Larry W. Yackle, Boston University School of Law.*
Linton Joaquin and Manuel D. Vargas for amici curiae National Immigration Law Center and American Immigration Lawyers Association.
Before STAHL, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
Raul Goncalves has been a permanent resident alien for twenty-five years, ever since he arrived in the United States at the age of three, and now is subject to deportation because he has committed crimes of moral turpitude such as theft, possession of marijuana and the like. He filed an application in 1994 for discretionary relief from deportation with the immigration authorities under § 212(c) of the Immigration and Nationality Act (INA...
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