Nunez Pena v. Lynch

Petitioner, a native and citizen of the Dominican Republic, seeks review of the BIA's decision affirming the IJ's denial of his applications for a waiver of deportation under former Immigration and Nationality Act 212(c), 8 U.S.C. 1182(c), and cancellation of removal under current INA 240A(a), 8 U.S.C. 1229b(a). Petitioner argued that Peralta-Taveras v. Attorney General, which precludes petitioner from relief, did not survive the Supreme Court's 2012 decision in Vartelas v. Holder. The court held that the Supreme Court’s decision in Vartelas does not cast doubt on its decision in Peralta-Taveras, and the rule of Peralta-Taveras precludes relief in this case. Petitioner, liked the petitioner in Peralta-Taveras, was on notice at the time of his controlled-substance convictions that his prior aggravated-felony convictions would preclude him from seeking section 240A relief if convicted of another removable offense. Accordingly, the court denied the petition for review. View "Nunez Pena v. Lynch" on Justia Law