Miguel Cazarez-garcia, Petitioner, v. Immigration and Naturalization Service, Respondent, 48 F.3d 1227 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 48 F.3d 1227 (9th Cir. 1995) Submitted Feb. 21, 1995. *Decided Feb. 27, 1995

On Petition for Review of an Order of the Board of Immigration Appeals, INS No. A90-334-280.



Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges.


Miguel Cazarez-Garcia petitions for review of the final order of the Board of Immigration Appeals (BIA), which found him statutorily ineligible for relief from deportation under Sec. 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c). We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition.

The BIA found Cazarez-Garcia to be ineligible for Sec. 212(c) relief because he lacked the requisite "lawful unrelinquished domicile of seven consecutive years" in the United States. We interpret this portion of Sec. 212(c) as requiring seven years of lawful unrelinquished domicile following admission for permanent residence. Raya-Ledesma v. INS, 42 F.3d 1263, 1265 (9th Cir. 1994). See also, Castillo-Felix v. INS, 601 F.2d 459, 467 (9th Cir. 1979).

Because Cazarez-Garcia has not been a lawful permanent resident for seven years, he is ineligible for Sec. 212(c) relief. Accordingly, the petition for review is denied.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3