ARREGUIN

Citations

• 21 I. & N. Dec. 38

Syllabus

ARREGUIN, 21 I&N Dec. 38 (BIA 1995) ID 3247 (PDF) (1) An alien who has committed a serious drug offense faces a difficult task in establishing that she merits discretionary relief nevertheless, the applicant met her burden of demonstrating that relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (Supp. V 1993), was warranted where this was her only conviction, the sentencing court noted her acceptance of responsibility and \minor role\ in the offense, there was substantial evidence of efforts toward rehabilitation, and the applicant presented unusual or outstanding equities, including nearly 20 years of lawful residence and two minor dependent United States citizen children. (2) In considering the factors to be weighed in the exercise of discretion with regard to an application for relief under section 212(c) of the Act, evidence such as community ties, property and business holdings, or special service to the community are to be considered in the applicant's favor however, the absence of those additional ties in themselves does not negate the weight to be accorded an applicant's long residence in this country.