Rigoberto Yepes-Prado v. U.S. Immigration and Naturalization Service

I. Factual and Procedural Background

Rigoberto Yepes-Prado is a thirty-eight-year-old individual who was lawfully admitted to the United States as a permanent resident on November 29, 1974. He has lived here since that date and has maintained steady employment. On April 14, 1984, he was arrested for possession of 14.25 grams of heroin with intent to distribute in violation of California law. He was convicted of that charge on January 15, 1986 and sentenced to one year in the county jail and two years probation. Nothing in the record suggests that Yepes-Prado has ever been arrested for, let alone convicted of, any other criminal offense since he arrived in the United States almost twenty years ago.

On the basis of the 1986 drug conviction, the Immigration and Naturalization Service (“INS”) ordered Yepes-Prado to show cause why he should not be deported under section 241 as an alien who has been convicted of a violation of a law relating to a controlled substance. 8 U.S.C. § 1251 (a)(ll) (1988). Yepes-Prado conceded that he was eligible for deportation, but sought a discretionary waiver under section 212(c). 8 U.S.C. § 1182 (c). Although an immigration judge (“IJ”) found that…