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BIA: After 9 circuits disagree, changes course on 212(h) eligibility for LPRs

No one can accuse the Board of Immigration Appeals of giving up easily. Only after nine federal circuits disagreed did the BIA finally reconsider its position on which lawful permanent residents are eligible to seek a waiver of inadmissibility under INA § 212(h). Matter of J-H-J-, 26 I&N Dec. 563 (BIA May 12, 2015). This case involved a migrant who became an LPR through adjustment of status. After being convicted of an assault offense that he conceded was an aggravated felony, he sought to readjust his status. To overcome the inadmissibility bar that resulted from his conviction, the [...]

Posted by César on August 11, 2015 on 4:00 am 3 Comments
Filed Under: 212(h), adjustment of status, aggravated felony, Board of Immigration Appeals

10 Cir: Clarifies choice of law and 212(h) eligibility

Last week, the U.S. Court of Appeals for the Tenth Circuit issued a published decision addressing two vital issues. First, the court clarified which circuit’s law is to apply in removal hearings where the immigration judge is located in a different federal circuit as the migrant. Second, the court adopted an expansive interpretation of an important type of waiver from removal. Medina-Rosales v. Holder, No. 14-9541, slip op. (10th Cir. Feb. 24, 2015). Judge Kelly wrote the panel’s decision. This case involved an individual who appears to have entered the United States clandestinely, then at [...]

Posted by César on March 3, 2015 on 4:00 am Leave a Comment
Filed Under: 212(h), aggravated felony, choice of law, waiver

2 Cir: Broadens 212(h) eligibility; further isolates BIA & 8th Circuit

The U.S. Court of Appeals for the Second Circuit held that anyone who did not enter the country as a lawful permanent resident is eligible for a waiver of inadmissibility under INA § 212(h). Husic v. Holder, No. 14-607, slip op. (2d Cir. Jan. 8, 2015) (Katzmann, Winter, and Marrero). Chief Judge Katzmann wrote the panel’s decision. This case involves a 65-year-old migrant who entered the United States in 1994 on a B-2 nonimmigrant visa. About four years later he became an LPR by adjusting his status. In 2012, he pleaded guilty to attempted criminal possession of a weapon in the second [...]

Posted by César on February 17, 2015 on 4:00 am Leave a Comment
Filed Under: 212(h), 2d Circuit Court of Appeals, aggravated felony, Uncategorized, waiver

Immigration law in the age of marijuana decriminalization

By Jordan Cunnings In a recent New Yorker interview, President Obama described marijuana use as a “bad habit and a vice, not very different from. . . cigarettes,” and not more dangerous than drinking. The President expressed concern with the disproportionate rates of criminal punishment for marijuana use in poor and minority communities, and spoke favorably of recent efforts to legalize small amounts of the drug in the states of Colorado and Washington. While Obama’s comments may be a good sign for marijuana legalization advocates, his personal viewpoint is glaringly inconsistent with his [...]

Posted by César on March 4, 2014 on 9:00 am 7 Comments
Filed Under: 212(h), adjustment of status, cancellation of removal, commentaries, controlled substance offense, guest blogger

7 Cir: Posner tells BIA to follow precedent; person who leaves & returns is seeking admission

In an opinion that has become characteristic of his stance toward the Board of Immigration Appeals, Judge Posner, writing for a panel of the U.S. Court of Appeals for the Seventh Circuit, told the Board that it can’t just ignore its own precedent: a noncitizen with a criminal history who leaves the country and seeks to return must be treated as a person seeking admission. Margulis v. Holder, No. 12-3611, slip op. (7th Cir. Aug. 5, 2013) (Posner, Manion, and Rovner, J.). Mr. Margulis was successfully represented by Valparaiso University Law School’s Immigration Clinic, run by Professor Geoffrey [...]

Posted by César on August 27, 2013 on 9:00 am Leave a Comment
Filed Under: 212(h), 7th Circuit Court of Appeals, adjustment of status, admission, waiver

BIA: “Single offense” involving marijuana centers on acts not number of convictions

The BIA held that the exception to the controlled substances offense ground of removal for “a single offense involving possession for one’s own use of thirty grams or less of marijuana” turns on the noncitizen’s conduct rather than the number of offenses for which the noncitizen was convicted. Matter of Davey, 26 I&N Dec. 37 (BIA Oct. 23, 2012) (Cole, Pauley, and Greer, Board members). Member Pauley wrote the panel’s decision. This case involved a noncitizen convicted of possession of marijuana, Ariz. Rev. Statute § 13-3405(A)(1), and possession of drug paraphernalia (the plastic bag in [...]

Posted by César on November 29, 2012 on 9:00 am 56 Comments
Filed Under: 212(h), Board of Immigration Appeals, controlled substance offense, mandatory detention, single offense

4 Cir: Adjustment isn’t admission for 212(h) waiver; waiver applicant vindicated

By Guest Blogger Toni Maschler This week, the U.S. Court of Appeals for the Fourth Circuit reversed a decision “pretermitting” (denying due to ineligibility) the application for relief from inadmissibility under INA § 212(h) due to an aggravated felony conviction. Mendoza Leiba v. Holder, slip op. No. 11-1845 (4th Cir. Nov. 9, 2012). Mr. Mendoza’s petition for review was granted, reversing the earlier decisions of the Immigration Court and Board of Immigration Appeals. Mr. Mendoza, a Salvadoran married to a U.S. citizen and the father of five U.S. citizen children, had been placed in removal [...]

Posted by César on November 15, 2012 on 9:00 am 23 Comments
Filed Under: 212(h), 4th Circuit Court of Appeals, adjustment of status, admission, aggravated felony, guest blogger, waiver

BIA: Cuban adjustment of status constitutes admission for § 237 removal purposes

The BIA held that an individual whose status was adjusted from parolee to lawful permanent resident pursuant to the Cuban Refugee Adjustment Act of 1966 was dmitted for purposes of removal under INA § 237(a). Matter of Espinosa Guillot, 25 I&N Dec. 653 (BIA 2011) (Grant, Malphrus, and Mullane, Board members). Board member Grant wrote the panel’s decision. This case involves a Cuban citizen who was paroled into the United States and adjusted his status under the CRAA (often referred to as the Cuban Adjustment Act or CAA). Guillot subsequently was convicted of trafficking in cannabis and [...]

Posted by César on February 16, 2012 on 9:00 am 9 Comments
Filed Under: 11th Circuit Court of Appeals, 212(h), 5th Circuit Court of Appeals, adjustment of status, admission, waiver

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