Bennett v. INS

U.S. Court of Appeals for the First Circuit

Bennett v. INS

Opinion

USCA1 Opinion









June 20, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




____________________


No. 94-2269

LEROY GEORGE BENNETT,

Petitioner,

v.

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.


____________________

ON PETITION FOR REVIEW OF AN ORDER

OF THE BOARD OF IMMIGRATION APPEALS

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

John S. Pomeroy on brief for petitioner. _______________
Frank W. Hunger, Assistant Attorney General, Civil Division, ________________
Emily Anne Radford & Charles E. Pazar, Attorneys, Office of ____________________________________________
Immigration Litigation Civil Division, on brief for respondent.


____________________

____________________



















Per Curiam. Petitioner Leroy Bennett appeals the ___________

decision of the Board of Immigration Appeals denying him

discretionary relief from deportation. 8 U.S.C. 1182(c).

We have reviewed the administrative record carefully,

including the decision of the immigration judge, and the

briefs of the parties. We find no evidence that petitioner

received anything other than a full and impartial hearing in

this case. Moreover, the record supports the finding that

petitioner exhibited a "pattern of serious criminal

misconduct" over a period of several years, as well as the

finding that petitioner failed to meet his burden of showing

that he had been rehabilitated.

The immigration judge made specific findings as to the

positive and negative factors to be considered in this case

and explained how he reached his decision. Petitioner has

not shown that that decision was "made without a rational

explanation, inexplicably departed from established policies,

or rested on an impermissible basis." Williams v. INS, 773 ________ ___

F.2d 8, 9 (1st Cir. 1985) (explaining grounds on which INS

decision may be overturned). We find no abuse of discretion

in the Board's ultimate decision that discretionary relief

was not warranted. See Gouveia v. INS, 980 F.2d 814, 819 ___ _______ ___

(1st Cir. 1992) (refusing to "second-guess the Board on the

manner in which it weights different factors when arriving at

its ultimate decision").

















Affirmed. ________



















































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Reference

Status
Published