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Valladolid-Moreno v. Immigration and Naturalization Service

filed: March 11, 1994.

FROYLAND VALLADOLID-MORENO, PETITIONER,
v.
IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT.



INS No. A30-411-519.{Judge}{Q}Judges{/Q}{/Judge}

Before: Wallace, Chief Judge, Garth*fn* and Wiggins, Circuit Judges.

Order AMENDING MEMORANDUM AND DENYING REHEARING

The memorandum Disposition filed January 3, 1994, is amended as follows:

On page 4, delete the first full paragraph ("Second, he argues . . . removed.") and substitute the following paragraph:

Second, he argues that the Board overstated the extent of his criminal history by erroneously stating that he had two extra convictions -- one additional assault and one additional drunk driving conviction, though neither of these convictions appear in an official record. The Board's inclusion of these convictions in its balancing does not require us to remand for the Board to reweigh the equities. The reasoning of the Board's decision focused on the gravity of the murder committed by Valladolid-Moreno, rather than focusing separately on each of the other negative behaviors he engaged in. The weighing of the equities would not be significantly affected if the additional assault and drunk driving offenses were removed.

With this amendment, the petition for ...


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