At 22, Joel had trouble with the law at when he was charged as an accessory to manslaughter. He appeared before the immigration court to appeal his removal. Joel was granted a suspended sentence of 6 years and released on probation. At 39, the government commenced deportation proceedings based on voluntary manslaughter conviction.
Joel argued that the basis for his removal should be waived under the former Section 212 (c) of the Immigration and Nationality Act (INA). His waiver application was denied. Joel appealed his case to the Board of Immigration Appeals (BIA) and then to the Ninth Circuit Court of Appeals. Ultimately, Joel filed a Petition for Certiorari before the US Supreme Court who granted certiorari and remanded the case of Joel back to the Ninth Circuit Court of Appeals. The US high court concluded that the decision of the BIA in ordering Joel’s deportation based on a “comparable approach” of assessing his waiver defense was arbitrary and capricious.
For full article see Filipino immigrant spared deportation by US Supreme Court.
- Court overturns deportation decision (sfgate.com)