Benyamina

Benyamina v. Garcia

Good Law
204 F. App'x 622
United States Court of Appeals for the Ninth CircuitNovember 7, 2006Nos. 05-55882, 05-73286, 05-73288California944 words

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…

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