CA9 on 212(h): Negrete-Ramirez v. Holder

CA9 on 212(h): Negrete-Ramirez v. Holder

Court staff summary: "The panel granted Juana Negrete-Ramirez’s petition for review of the Board of Immigration Appeals’ decision finding that the statutory language of the Immigration and Nationality Act excludes her from eligibility to apply for a waiver of inadmissibility under Immigration and Nationality Act § 212(h).  The panel held that under the plain language of INA § 212(h) only non-citizens who entered the United States as lawful permanent residents are barred from eligibility to apply for waiver. The panel held that Negrete-Ramirez is not barred from applying for a waiver, because her post-entry adjustment of status to a lawful permanent resident after her admission to the U.S. does not constitute an admission in the context of INA § 212(h)." - Negrete-Ramirez v. Holder, Jan. 21, 2014.  [Hats off to Michael K. Mehr and Rachael E. Keast!]