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Unpub. BIA Victory, 2 CIMTs: Matter of Romero

June 24, 2014 (1 min read)

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver under former section 212(c) is granted with respect to one of the convictions.  The Board distinguished Matter of Balderas, 20 I&N Dec. 389 (BIA 1991), which held that a 212(c) waiver does not immunize a respondent who subsequently reoffends from the initiation of new removal proceedings based on the prior conviction." - Matter of Romero, June 10, 2014, unpub.

[Hats off to Kara Hartzler!]

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