CA4 Overrules Matter of Koljenovic: Leiba v. Holder

Ben Winograd writes: "I thought I’d pass along this just-issued opinion from the 4th Circuit on the aggravated felony bar in 212(h).  It’s the same issue that has already been favorably resolved by Hanif v. Attorney Gen., No. 11-2643, (3d Cir. Sept. 14, 2012); Martinez v. Mukasey, 519 F.3d 532, 544 (5th Cir. 2008); and Lanier v. Attorney Gen., 631 F.3d 1363 (11th Cir. 2011).  In fact, the Fourth Circuit addressed the same question earlier this year in Bracamontes v. Holder, 675 F.3d 380 (4th Cir. 2012), albeit with an applicant who was “admitted” at a port of entry prior to adjusting status.  In today’s decision, the 4th Circuit squarely overruled Matter of Koljenovic, 25 I. & N. Dec. 219 (BIA 2010), and held that the agg fel bar doesn’t apply to applicants who have never been admitted as LPRs regardless of whether they were ever admitted at a POE prior to adjusting status." - Leiba v. Holder, Nov. 9, 2012.

[Hats off to Mary Kenney and Ben Winograd, Staff Attorneys at the AIC, and Xavier Racine!]

- Xavier Racine