Benyamina
Benyamina v. Garcia
Opinion
Lead Opinion
MEMORANDUM ***
Boukhalfa Benyamina appeals from the denial of his habeas corpus claim challenging forfeiture of his bond and seeks review of the Board of Immigration Appeals’ decision denying him relief under former Immigration and Nationality Act section 212(c), 8 U.S.C. § 1182 (c) (1994). We af *624 firm the denial of habeas and deny the petition for review.
I.
The BIA’s determination of legal questions is reviewed de novo, except that the BIA’s interpretation of immigration statutes is entitled to deference under Chevron, U.S.A. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984). Zheng v. Ashcroft, 332 F.3d 1186, 1193-94 (9th Cir.2003). The district court’s denial of habeas relief is reviewed de novo. Park v. California, 202 F.3d 1146, 1149 (9th Cir.2000).
II.
Former INA section 212(c), 8 U.S.C. § 1182 (c) (1994), provided: “Aliens ... [who have been lawfully admitted and had lawful domicile of seven continuous years] may be admitted in the discretion of the Attorney General without regard to [certain provisions of § 1182 making them excludable].” Thus, the Attorney General makes a discretionary decision whether to admit…