Francis v. INS
United States Court of Appeals for the Second Circuit
532 F.2d 268 (2d Cir. 1976)
Francis (plaintiff), a ten-year lawful permanent resident convicted of marijuana possession, faced deportation and sought discretionary relief under INA Section 212(c), which by its terms allowed relief only for resident aliens who had voluntarily left the U.S. and returned to a seven-year domicile. Because Francis had never left the country, the Board of Immigration Appeals found the statute inapplicable to him and denied relief. Francis appealed, arguing the statute as applied violated equal protection by treating him worse than an otherwise identical alien who happened to have briefly left and returned.
Whether similarly situated lawful permanent resident aliens must be treated equally under Section 212(c) of the Immigration and Nationality Act of 1952.