BUSCEMI

Citations

• 19 I. & N. Dec. 628

Syllabus

BUSCEMI, 19 I&N Dec. 628 (BIA 1988) ID 3058 (PDF) (1) One or more of the adverse discretionary factors noted in Matter of Marin, 16 I&N Dec. 581 (BIA 1978), may ultimately be determinative of whether section 212(c) relief is granted in an individual case. (2) The necessity of demonstrating unusual or outstanding equities as part of an application for section 212(c) relief is not exclusively triggered by serious crimes involving controlled substances, such as the trafficking or sale of drugs, but rather, the gravity of the offense, per se, must be examined. (3) The need to show unusual or outstanding equities in a section 212(c) case may be mandated because of a single serious crime or because of a succession of criminal acts which together establish a pattern of serious criminal misconduct. (4) An alien who demonstrates unusual or outstanding equities, as may be required in a section 212(c) matter, merely satisfies the threshhold test for having a favorable exercise of discretion considered in his case such a showing does not compel that discretion be exercised in his favor. Matter of Marin, supra, clarified. (5) Rehabilitation is one of the favorable considerations in the discretionary evaluation with respect to section 212(c) relief and, in fact, an applicant for relief with a criminal record will ordinarily be required to make a showing of rehabilitation before relief will be considered as a matter of discretion. Matter of Marin, supra, clarified. (6) Notwithstanding the presence of an unusual or outstanding equity, the Board of Immigration Appeals denied section 212(c) relief in the exercise of discretion, because of the serious nature of the alien's criminal convictions and his failure to establish rehabilitation.