DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021264P.pdf 01/21/2003 Edy Ikenokwalu-White v. INS
U.S. Court of Appeals Case No: 02-1264
Agency
Petition for review - Immigration law. Court has jurisdiction
under 8 U.S.C. Sec. 1105a(a) to review the Board of
Immigration Appeals' finding on moral character under
any aspect of 8 U.S.C. Sec. 1101(f); an ILJ may consider
expunged convictions in making a moral character
determination in conjunction with an application for
suspension of deportation; Board's interpretation of
8 U.S.C. Sec. 1254(a)(3) to permit consideration of
past, pre-statutory conduct in determining present moral
character is reasonable; however, while conduct predating
the relevant statutory period may be considered relevant,
such conduct cannot be used as the sole basis for an
adverse finding on that element; here, the Board's decision
that petitioner had failed to establish good moral character
during the three year statutory period was supported by
substantial evidence and Board's determination that
petitioner was not eligible for discretionary suspension
of deportation is affirmed.