Jean Claude Vernet, Petitioner, v. U.S. Immigration & Naturalization Service, Respondent, 935 F.2d 1288 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 935 F.2d 1288 (4th Cir. 1991) Submitted March 20, 1991. Decided June 25, 1991

On Petition for Review of an Order of the Immigration and Naturalization Service. (A-29-056-648)

Jean Claude Vernet, petitioner pro se.

Mark Christopher Walters, Stewart Deutsch, United States Department of Justice, Washington, D.C., for respondent.

BIA

AFFIRMED.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Jean Claude Vernet petitions for review of a final order of the Board of Immigration Appeals. After reviewing the record, we are convinced that he was properly found to be deportable because of his conviction of possession with intent to distribute cocaine, in violation of Va.Code Ann. Sec. 18.2-248(a). See 8 U.S.C. § 1251(a) (11). Further, because the crime was of a serious nature threatening the community of the United States, Vernet was statutorily precluded from withholding of deportation. See 8 U.S.C. § 1253(h) (2) (B); Arauz v. Rivkind, 845 F.2d 271 (11th Cir. 1988). Finally, the Attorney General did not abuse his discretion in denying asylum to Vernet, who did not establish a well-founded fear of persecution if he were returned to his native country. See 8 U.S.C. § 1101(a) (42); INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). Finally, we discern no prejudice to Vernet resulting from the manner in which his wife's testimony was received at the hearing before the Immigration Judge on December 8, 1990.

As our review of the record and other materials before us reveals that it would not significantly aid the decisional process, we dispense with oral argument.

AFFIRMED.

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