Mirahmad Feroz v. Immigration & Naturalization Service
Opinion
Opinion
Hug, J.
Opinion by Judge HUG.
I. BACKGROUND
Mirahmad Feroz (“Feroz”) is a native and citizen of Afghanistan. He travelled to the United States in 1987 on a business visa, and was at that time arrested at the airport in New York City by United States Customs Service officials, upon their discovery of heroin in his briefcase. Feroz was convicted on charges of importation of heroin and sentenced to four years in prison.
The Immigration and Naturalization Service (“INS”) initiated deportation proceedings against Feroz by issuing an Order to Show Cause on January 11, 1988. INS charged Feroz with being deportable under 8 U.S.C. §§ 1251 (a)(ll) for importation of heroin. At his hearing before the immigration judge, Feroz conceded deportability, and requested permission to apply for political asylum under 8 U.S.C. § 1158 (a), and withholding of deportation under 8 U.S.C. § 1253 (h)(1).
The immigration judge found that Feroz’s conviction for heroin importation rendered him ineligible for both asylum and withholding of deportation, and ordered Feroz deported to Afghanistan. Feroz appealed the decision to the Board of Immigration Appeals (“BIA”).