Manuel Federico Samaniego-Meraz v. Immigration & Naturalization Service

In this appeal, we consider whether an applicant who was convicted for an “aggravated felony” before the effective date of the Anti-Drug Abuse Act of 1988 (ADAA), Pub.L. No. 100-690, 102 Stat. 4181, 4469-73, §§ 7342-50 (1988), is statutorily barred from applying for discretionary waiver of deportation under Immigration and Nationality Act (INA) § 212(c), 8 U.S.C. § 1182 (c) (1988 & Supp. V 1993).

I.

Petitioner Manuel Federico Samaniego-Meraz is a native and citizen of Mexico who was admitted to the United States for permanent residence on November 5, 1953. On February 7, 1986, he was convicted in the Superior Court of Arizona, Pima County, for transportation of marijuana, in violation of Ariz.Rev.Stat.Ann. § 36-1002.07, and for conspiracy to sell marijuana, in violation of Ariz. Rev.Stat.Ann. §§ 13-1003 & 3404(A)(3). Sa-maniego-Meraz was again convicted on March 17, 1986, this time in the United States District Court for the District of Arizona, for conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846 , and for unlawful distribution of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 18 .

Consequently, an Order to Show Cause was issued on…