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Immigration Law

CA2 on 212(h) - Husic v. Holder

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), and denying his request for a continuance.  We conclude that the petitioner, who was a lawful permanent resident (“LPR”) and initially entered the country lawfully without LPR status, is eligible to seek a waiver under § 212(h) because he is unambiguously not “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence.”  We therefore GRANT the petition in part, VACATE the petitioner’s removal order to permit his application for a waiver of inadmissibility under § 212(h), DISMISS the remainder of the petition as moot, and REMAND for further proceedings consistent with this Opinion." - Husic v. Holder, Jan. 8, 2015.  [Hats way off to Michael P. DiRaimondo, Marialaina L. Masi, Thomas E. Moseley, Stacy A. Huber, Russell R. Abrutyn, Troy and Mary Kenney!]