Judulang v. Holder: An Analysis of How the Board of Immigration Appeals Should Determine a Deportable Alien’s Eligibility for a Discretionary Waiver under the Immigration and Nationality Act §212(c)

Joel Judulang, a citizen of the Philippines, became a lawful permanent resident of the United States in 1974 at the age of eight. In 1988, Judulang pleaded guilty to voluntary manslaughter after he was charged as an accessory in a fight where another person shot and killed someone. Seventeen years later, in 2005, Judulang plead guilty to another crime involving theft. The Department of Homeland Security (“DHS”) initiated a deportation proceeding against Judulang claiming that he committed an aggravated felony involving a crime of violence. The DHS’s charge against Judulang was based on his 1988 manslaughter conviction.