USCA1 Opinion
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[NOT FOR PUBLICATION]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. _______________________
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