Can a deportee's ground of deportation under Section 241 of the Immigration Code be excluded from relief under Section 212(c)?
MultiRegion, United States of America
The following excerpt is from Cato v. I.N.S., 84 F.3d 597 (2nd Cir. 1996):
Going a step further, in Bedoya-Valencia v. INS, 6 F.3d 891 (2d Cir.1993), we held that a deportee whose ground of deportation under 241 could have no conceivable analogue in the exclusion setting should also be eligible for 212(c) relief. For example, while an alien may be deported for "entry without inspection," see 8 U.S.C. 1251(a)(1)(B), obviously an alien could not be excluded on that
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