Mohammed Baher Elramly v. Immigration & Naturalization Service

ORDER

On the court’s own motion the mandate is recalled.

The following amendment is made to the opinion filed March 2,1995.

At 49 F.3d 535 , 537 n. 4, the last three sentences are deleted and the following is substituted:

Even when classification as “serious” leads to a requirement of “unusual” or “outstanding” equities, that categorization is not to be imposed in a rigid manner inevitably compelling the denial of relief; it is still essential that the seriousness of the petitioner’s particular conduct be assessed individually in determining its weight as an adverse factor. Yepes-Prado, 10 F.3d at 1371. The proper approach is “to balance the positive and negative factors of an individual case when making a discretionary determination under section 212(c) of the Act.” Matter of Burbano at 8, 1994 WL 520994 (emphasis added).

OPINION

The Immigration and Naturalization Service (“INS”) is seeking to deport Mohammed Baher Elramly because in 1982 he was convicted of selling $100.00 worth of hashish. Elramly sought discretionary relief based on section 212(c) of the Immigration Act, 8 U.S.C. § 1182 (c). Because the Board of Immigration Appeals (“BIA”) failed to examine the…