Sosa v. Chertoff
Sosa v. Chertoff
Opinion of the Court
SUMMARY ORDER
Petitioner Rodolfo Fernando Sosa seeks review of the October 8, 2004, decision of the BIA affirming the September 17, 2003, decision of Immigration Judge (“IJ”) William F. Jankun finding Sosa ineligible for a waiver of inadmissibility under former Section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c) (repealed 1996), or cancellation of removal under Section 240A(a) of the INA, 8 U.S.C. § 1229b(a). See In re Rodolfo, No. A 38 507 053 (B.I.A. Oct. 8, 2004), affg No. A 38 507 053 (Immig. Ct. N.Y. City Sept. 17, 2003).
The BIA properly rejected Sosa’s claim that by combining Section 212(c) relief with Section 240A(a) relief he could overcome the aggravated felony bar to Section 240A(a) relief.
. We reject the government’s argument that we owe Chevron deference to the BIA’s decision. See Rotimi v. Gonzales, 473 F.3d 55, 56 (2d Cir. 2007) (“[A] nonprecedential decision by a single member of the BIA should not be accorded Chevron deference.").
Reference
- Full Case Name
- Rodolfo Fernando SOSA v. Michael CHERTOFF, Secretary, Department of Homeland Security, Michael J. Garcia, Assistant Secretary, United States Immigration and Customs Enforcement, Department of Homeland Security, United States Immigration and Customs Enforcement
- Status
- Published