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Immigration Law

CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner statutory eligibility for a waiver of inadmissibility under 8 U.S.C. § 1182(h), or section 212(h) of the INA. Following Petitioner’s appeal, the Board of Immigration Appeals ("BIA") agreed with the IJ, concluding that Petitioner’s post-entry adjustment of status to lawful permanent resident constituted an "admission" to the United States. Because we find that the plain language of section 212(h) does not bar an alien who adjusts post-entry to lawful permanent resident status from seeking a waiver of inadmissibility, we grant the petition, vacate the order of removal, and remand this case to the BIA for further proceedings." - Bracamontes v. Holder, Mar. 29, 2012.

  • Anonymous
    Considering the BIA has been sitting on my wife's case for 2 years after it was remanded unpublished by the 5th circuit for a very similar issue, it will take awhile before this trickles down and has any effect. Here's hoping they don't try to split it up so different circuits have different rules.