GAWARAN

Citations

• 20 I. & N. Dec. 938

Syllabus

GAWARAN, 20 I&N Dec. 938 (BIA 1995) ID 3238 (PDF) (1) The provisions offormer section 241(f) (1) of the Immigration and Nationality Act, 8 U.S.C.§ 1251(f)(1) (1988), do not waive an alien's deportability underformer section 241 (a) (9) (B) of the Act, 8 U.S.C. § 1251(a)(9)(B)(1988), because termination of the alien's conditional permanent residentstatus constitutes a basis for deportability which is separate and distinctfrom the charge that the alien is \excludable at the time of entry\within the meaning of former section 241(f)(1). (2) In order to preservean application for relief under section 216(c)(4) of the Act, 8 U.S.C.§ 1186a(c)(4) (1988), an alien must request before the immigrationjudge a review of the Service's denial of such application.