March 29, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-1906
FELIX NUNEZ,
Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
ON PETITION FOR REVIEW OF AN ORDER
OF THE BOARD OF IMMIGRATION APPEALS
Before
Torruella, Chief Judge,
Cyr and Stahl, Circuit Judges.
Felix Nunez on brief pro se.
Frank W. Hunger, Assistant Attorney General, Stewart Deutsch and
Donald E. Keener, Attorneys, Office of Immigration Litigation, Civil
Division, U.S. Department of Justice, on brief for respondent.
Per Curiam. Petitioner Felix Nunez seeks review of a
decision of the Board of Immigration Appeals upholding an
Immigration Judge's order that he be deported to the
Dominican Republic. Assuming arguendo that appellate
jurisdiction exists with regard to his prematurely filed
petition, see, e.g., In re Villa Marina Yacht Harbor, Inc.,
984 F.2d 546, 548 n.2 (1st Cir. 1993), we deny the petition
for review and enforce the order of deportation.
As the Immigration Judge correctly found, petitioner was
ineligible to apply for a discretionary waiver under 212(c)
of the Immigration and Nationality Act, 8 U.S.C. 1182(c),
for two separate reasons. Petitioner lacked (and continues
to lack) the "seven consecutive years" of "lawful
unrelinquished domicile" that are a statutory prerequisite to
such relief. See, e.g., Goncalves v. INS, 6 F.3d 830, 834
(1st Cir. 1993) (seven-year clock "stop[s] ticking" once
Board upholds deportation order). As well, 212(c) relief
is unavailable to an alien who is deportable for a firearms
offense. See, e.g., Campos v. INS, 961 F.2d 309 (1st Cir.
1992).
In turn, petitioner satisfied none of the prerequisites
for an adjustment of status under 245(a) of the Act, 8
U.S.C. 1255(a). It suffices to note in this regard that
his drug convictions rendered him inadmissible to the United
States, see, e.g., Jenkins v. INS, 32 F.3d 11, 15 (2d Cir.
1994), and therefore ineligible for 245(a) relief, see,
e.g., Rodrigues v. INS, 994 F.2d 32, 33 (1st Cir. 1993). And
again because of petitioner's failure to satisfy 212(c)'s
seven-year requirement, the form of concurrent relief
described in In re Gabryelsky, Int. Dec. 3213 (BIA 1993); see
also Snajder v. INS, 29 F.3d 1203, 1207-08 (7th Cir. 1994),
is not an available option.
The petition for review is denied and the order of
deportation is enforced.
-3-