RODRIGUEZ-CORTES

Citations

• 20 I. & N. Dec. 587

Syllabus

RODRIGUEZ-CORTES, 20 I&N Dec. 587 (BIA 1992) ID 3189 (PDF) (1) The sentence enhancementprovision of section 12022(a) of the California Penal Code, which allows for the imposition of an additional and consecutive term of imprisonmentupon a person convicted of a felony where any one of the principals of the felony was armed with a firearm, does not create a separate offense, but rather imposes additional punishment, and therefore does not constitutea conviction under California law. (2) An alien, who wasconvicted of five counts of attempted murder in the second degree andwhose sentence under one count was enhanced pursuant to section 12022(a) of the California Penal Code because a codefendant was armed with a firearmin the attempted commission of the felony, has not been convicted of afirearm offense under California law and is not deportable under section241(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(2)(C)(Supp. III 1991), as an alien convicted at any time after entry of a firearmviolation. (3) An alien whose sentenceenhancement pursuant to section 12022(a) of the California Penal Codeis not a conviction under California law and who is not deportable undersection 241(a)(2)(C) of the Act, as an alien convicted at any time afterentry of a firearm violation, is eligible to apply for a waiver of inadmissibilityunder section 212(c) of the Act, 8 U.S.C. § 1182(c) (Supp. III 1991).