Tanya Murphy Gonzales v. Immigration and Naturalization Service

Tanya Gonzales petitions the Board of Immigration Appeals (“BIA”) order deny ing her Motion to Reopen Deportation Proceedings. Gonzales argued that new evidence of rehabilitation and hardship entitled her to a discretionary waiver under Section 212(c) of the Immigration and Nationality Act (“Act”). The BIA found that Gonzales was statutorily ineligible for relief under Section 212(c) because she was no longer a lawful permanent resident. This court has jurisdiction under 8 U.S.C. § 1105a(a). We deny the petition.

FACTS

Gonzales is a citizen of the United Kingdom. She was admitted to the United States as a lawful permanent resident in 1963 when she was seven years old. Gonzales is married to a United States citizen and has three children who are United States citizens. The children are presently living with Gonzales’s brother.

In 1976, Gonzales was convicted in California of receiving stolen property and placed on probation for three years. In 1983, she was convicted and fined for disturbing the peace. In 1984, she was convicted for aiding and abetting an armed robbery and sentenced to three years in prison. In 1985, Gonzales was convicted of being under the influence of heroin…