Jaime Londono-Gomez v. Immigration and Naturalization Service

This appeal presents two relatively narrow questions: (1) whether petitioner’s conviction for aiding and abetting the distribution of cocaine is a deportable offense within the meaning of section 241(a)(ll) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(ll); and (2) whether this court has jurisdiction to review an INS district director’s denial of petitioner’s application for deferred action where the application was filed and denied after issuance of a final order of deportation.

FACTS

Petitioner Jaime Londono-Gomez, a citizen of Colombia and permanent resident of the United States, was convicted of aiding and abetting the distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . In subsequent deportation proceedings, the INS found him deportable pursuant to section 241(a)(ll) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(ll).

The Board of Immigration Appeals dismissed petitioner’s appeal of the INS decision and entered a final order of deportation. Nineteen days later, petitioner applied to the district director for deferred action and a stay of deportation. That application was denied and petitioner pursued this…