Appellate Law

CA1: Circuit split on comparable grounds

By S. COTUS

Gonzalez-Mesias v. Mukasey, No. 07-2346. This is an immigration case on a fairly narrow question of law.  This issue comes down to whether sodomy in Virginia, under Va. Code § 18.2-67.1 is a crime of violence. In the Second Circuit, Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007), rejected the idea that limit waivers of deportation[under former INA section 212(c), 8 U.S.C. § 1182(c)] to only those grounds of deportability for which there is a comparable ground of inadmissibility under 8 U.S.C. § 1182(a)(2).  The BIA said it disagreed with the Second Circuit for cases outside the Second.  But, the First says that its circuit law is simply different than that of the Second and were not overruled by any subsequent Supreme Court cases.

Full post as published by Appellate Law and Practice on June 18, 2008 (boomark / email).