Matter of Morales, 21 I&N Dec. 130 (BIA 1995, 1996)
(1) Where an alien in...deportation proceedings...the function of the Executive Office for Immigration Review ("EOIR") is restricted to the inquiries required..., i.e., (1) whether an alien is a class member, (2) whether he has been convicted of an aggravated felony, and (3) whether he poses one of the three safety concerns...
(2) If a class member...convicted of an aggravated felony and does...fall within one of the three listed categories of public safety concerns ..., EOIR must...afford the alien the opportunity to pursue his [voluntary deportation as a legal remedy] rights...[by] the Immigration and Naturalization Service.
http://www.justice.gov/eoir/vll/intdec/precedent_chart/precedent_chart_A-AG.html