United States in 1987, where he returned to Colombia to avoid deportation, and resided in Colombia for 13 or 14 months until he returned to the United States as a tourist, constitutes an abandonment of his lawful, permanent resident status in the United States.” {Id. at 13.) In reaching his conclusions, the IJ noted, among other things, petitioner’s testimony that when he left the United States in 1987, he had no intention of returning'to the United States and that he returned to the United States with a fraudulent passport and a tourist visa. (Id. at 12-13.) Petitioner argues that his leaving the United States in 1987 was not voluntary and was induced by misinformation provided to him by the Immigration and Naturalization Service. See Tejeda v. INS, 346 F.2d 389, 393 (9th Cir.1965) (<HOLDING>); McLeod v. Peterson, 283 F.2d 180, 184 (3d
holding that the ijs failure to inform alien that he is eligible for relief from deportation constitutes due process violation where alien establishes prejudice holding that the ijs failure to inform alien that he was eligible for relief from deportation constitutes a due process violation if alien establishes prejudice recognizing that an alien is ineligible for relief under  212c if he was not actually admissible at the time he received an adjustment of status holding that iirira and aedpa are not applicable to criminal alien who entered a guilty plea at a time when alien was eligible for  212c relief holding that a poorlyeducated alien would be eligible for relief if it is shown he was actually and reasonably misled by the affirmative acts and misstatements of a wellinformed official of the united states government