Centurion v. Holder, No. 11-2997 (2d Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Peru, sought review of a 2011 order of the BIA affirming a 2009 decision of the IJ, which pretermitted his application for cancellation of removal under section 240A of the Immigration and Nationality Act (INA), 8 U.S.C. 1229b(a), and for a waiver under the former INA 212(c), 8 U.S.C. 1182(c). The court concluded that petitioner was properly deemed inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(II) and a single confusing reference to a Class B misdemeanor did not compel a different conclusion. The court saw no basis for concluding that Vartelas v. Holder overruled Domond v. INS sub silentio; the court adhered to Domond's teaching that the legal regime in force at the time of an alien's conviction determines whether an alien is entitled to seek section 212(c) relief; and because petitioner's conviction for a controlled substance post-dated the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546 et seq., he was ineligible for a waiver of deportation under section 212(c). Accordingly, the court dismissed the petition for review.