Avila-Sanchez

BACKGROUND

Avila was a lawful permanent resident, who first entered the country in 1980. In July 1994, Avila pled guilty and was convicted of possession of a controlled substance (heroin), pursuant to California Health and Safety Code § 11350. In November 1996, the former Immigration and Naturalization Service issued an Order to Show Cause charging Avila with a controlled substance violation, and placed him in deporta- tion proceedings. [First Proceeding]. In those proceedings, the Immigration Judge found Avila deportable as charged, ineligi- ble for relief under § 1182(c), and ineligible for cancellation of removal.

Avila filed a timely motion for reconsideration, in which he requested a waiver of inadmissibility under § 1182(c).2 The 1 This is also often referred to as the Immigration and Nationality Act § 212(c). 2 At the time that Avila pled guilty, 8 U.S.C. § 1182(c) read in pertinent part: “The first sentence of this subsection shall not apply to an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.” 8 U.S.C. § 1182(c) (1994). AVILA-SANCHEZ v. MUKASEY …