Passano

MEMORANDUM *

Americo Passano petitions for review of the Board of Immigration Appeals’ affirmance of an order of deportation issued by an Immigration Judge. Because he raises a question of law, we have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D). We deny the petition.

Passano claims that the immigration judge (“IJ”) violated his due process rights by not informing him of the possibility of pre-hearing voluntary departure. To succeed on this claim, Passano must show “that the outcome of the proceeding may have been affected by the alleged violation.” 1 Because Passano was ineligible for pre-hearing voluntary departure, he cannot make such a showing.

Passano was convicted of two aggravated felonies in 1991. Although an IJ found that Passano was deportable in 1994 based on these convictions, the IJ granted Passano’s application for a waiver of deportability under former INA § 212(c). 2 However, a section 212(c) waiver of deportability does not waive consideration of prior convictions for future deportation proceedings.

Thus, Passano’s 1991 convictions may be considered for purposes of determining whether he was eligible for pre-hearing voluntary departure. Because his…