Juan Cesar Vargas v. U.S. Department of Immigration and Naturalization

This appeal raises two issues for our determination: (1) whether appellant, Juan Cesar Vargas, (Vargas) must first exhaust his administrative remedies before raising a due process claim in this court when that claim concerns procedural errors correctable by the Board of Immigration Appeals (BIA); and (2) whether the BIA abused its discretion when it denied Vargas’ request for a waiver of deportation.

I

Vargas is a Mexican citizen who was lawfully admitted to the United States for permanent residence in 1962. On September 14, 1983, he pleaded no contest to heroin possession and was ordered imprisoned. Following his release from prison, the Immigration and Naturalization Service (INS) issued an order to show cause why Vargas should not be deported pursuant to 8 U.S.C. § 1251 (a)(ll) (1982). An immigration judge (IJ) found Vargas deportable and denied him a waiver of deportation. The BIA affirmed the deportation order. Vargas appeals this decision.

II

Vargas contends that he was denied due process because the deportation order was based on a conviction record which inaccurately stated the length of time and place of his incarceration for the 1983 narcotics offense. Vargas also…