The Fifth Circuit Court of Appeals held that an individual who previously received a waiver of inadmissibility pursuant to INA § 212(h) waiving inadmissibility for a single offense for possession of 30 grams or less of marijuana cannot receive a second such waiver for a separate offense. Rana v. Holder, No. 10-60539, slip op. (5th Cir. Aug. 30, 2011) (Smith, Benavides, and Haynes, J.). Judge Smith wrote the panel’s decision. This case involved an LPR who was convicted in 2003 of possessing less than two ounces of marijuana. Rana, No. 10-60539, slip op. at 2. He was granted a § 212(h) waiver [...]
IJ: Tex failure to stop & render aid isn’t CIMT
An Immigration Judge (IJ) in Texas recently determined that a Texas conviction for failure to stop and render aid, Tex. Transp. Code §§ 550.021, 550.023, is not a crime involving moral turpitude where the conviction results from an individual’s failure to provide his name and address to an injured party or occupant of a vehicle involved in a collision. Matter of ---- (Port Isabel, Texas Immigration Court July 25, 2011). This case was argued by crImmigration.com patrocinador Carlos M. García of García & García Attorneys at Law P.L.L.C. This case involved an individual who became an LPR on [...]
BIA: 212(h) waiver can’t overcome crime-based cancellation bar for non-LPRs
Last month the BIA held that a waiver under INA § 212(h) cannot overcome ineligibility for cancellation of removal as a result of having been convicted of an offense under INA § 212(a)(2). Matter of Bustamante, 25 I&N Dec. 564 (BIA 2011) (Pauley, Wendtland, and Greer, Board Members). Board Member Wendtland wrote the panel’s decision. This case involved an individual who entered without inspection and was convicted of possession of not more than 20 grams of marijuana, Fla. § 893.13(6)(b). Bustamante conceded removability because he was neither admitted nor paroled, then sought cancellation [...]
5 Cir: For 212(h) eligibility, LPR must apply for adjustment
The U.S. Court of Appeals for the Fifth Circuit recently held that a lawful permanent resident (LPR) inside the United States might be eligible for a waiver of inadmissibility only by applying for adjustment of status. Cabral v. Holder, 632 F.3d 886, No. 09-60386, slip op. (5th Cir. Feb. 2, 2011) (Jones, Dennis, and Clement, J.). Judge Clement wrote the panel’s decision. This case involves an LPR who was convicted of two crimes involving moral turpitude (CIMTs) and found ineligible for a waiver of inadmissibility under INA § 212(h). Under § 212(h), an immigration judge (IJ) acting on behalf [...]