Eddy Amarel Rosales-Rosales v. John Ashcroft, Attorney General

Petitioner Eddy Amarel Rosales-Rosales (“petitioner”) challenges his final order of deportation finding him deportable as an aggravated felon. Petitioner also challenges the Board of Immigration Appeals’ (“BIA”) denial of his application for § 212(c) relief. For the reasons set forth below, the appeal is dismissed.

I. Background

Petitioner is a native and citizen of Guatemala. In an Order to Show Cause dated October 9, 1994, petitioner was charged with being subject to deportation pursuant to § 241(a)(1)(B) of the Immigration and Nationality Act (“INA”), as amended, in that he entered the United States without inspection. Petitioner filed a motion to terminate the proceedings, arguing that the INS had incorrectly charged that he had entered the county without inspection. An evidentiary hearing was held, and, in an order dated February 8, 1999, petitioner was found to be deportable as charged. The immigration judge provided petitioner an opportunity to apply for relief from deportation. On November 10, 1999, petitioner filed a Form EOIR-40, in which he sought suspension of deportation under former INA § 244, previously codified at 8 U.S.C. § 1254 , and a Form 1-191, in…