Brailsford v. Holder
March 29, 2010
**Controlled sub. offense, presidential pardon/defect in underlying proceedings, equal protection**
Brailsford’s equal protection challenge that his South African presidential pardon should lead to a waiver, pursuant to 8 U.S.C. § 1227(a)(2)(A)(vi), fails. He did not allege or prove that an individual with a foreign presidential pardon for controlled substance violations is treated any differently than those with domestic presidential pardons under INA § 212(a)(2)(A)(i)(II). Brailsford also failed to submit evidence to explain the basis for the expungement and presidential pardon before the IJ, and did not submit a motion to remand to the IJ with the BIA. Should Brailsford obtain new evidence demonstrating that the pardon and expungement were granted due to a defect in the underlying proceedings, he may seek to reopen with the BIA.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/29/05-77319.pdf
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