Ancheta-Velasco

MEMORANDUM *

Joey Ancheta-Velasco is a native of the Republic of the Philippines who adjusted to lawful permanent resident status on June 13, 1989. On March 16,1995, Ancheta-Velasco was convicted by a jury of assault with a deadly weapon other than a firearm. On May 21, 1996, he pled guilty to forgery of a check. He was placed in deportation proceedings on September 26, 1996. The Immigration and Naturalization Service (“INS”) charged him with deportability under the Immigration and Nationality Act (“INA”) former § 241(a)(2)(A)(iii), 8 U.S.C. former § 1251(a)(2)(A)(iii), for conviction of an aggravated felony (forgery) and under INA former § 241(a)(2)(A)(ii), 8 U.S.C. former § 1251(a)(2)(A)(ii) for having committed two crimes of moral turpitude (forgery and assault with a deadly weapon). At the conclusion of his deportation hearing on August 20, 1997, Ancheta-Velasco was ordered deported to the Philippines.

On May 14, 1997, prior to Ancheta-Velasco’s deportation hearing, the Board of Immigration Appeals (“BIA”) had issued a published decision in Matter of Fuentes-Campos, Int. Dec. 3318, 1997 WL 269368 (BIA 1997), holding that § 440(d) of the Antiterrorism and Effective Death…