Hamid Reza Asgari v. Immigrantion and Naturalization Service

73 F.3d 368 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hamid Reza ASGARI, Petitioner, v. IMMIGRANTION AND NATURALIZATION SERVICE, Respondent. No. 94-70560. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1995. * Decided Dec. 14, 1995. Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 In Elramly v. INS, 49 F.3d 535 (9th Cir.1995), we held that the BIA must consider the particular nature of a drug offense under Section 212(c) in determining whether a showing of "unusual or outstanding" countervailing equities must be made. Id. at 537 . The BIA did not do so here. It simply noted that "we consider that the respondent has a serious criminal conviction." The Board also noted that a showing of unusual or outstanding equity is required following conviction of a "serious drug offense, particularly one relating to trafficking or sale of drugs," and held that Asgari had not made such a showing. 3 The Board errs when it categorically…