Wednesday, February 1st, 2017

CA3 on Date of Admission: Hanif v. Atty. Gen. (Overruling Matter of Koljenovic)

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"Petitioner Zaman Sattaur Hanif (“Hanif” or “Petitioner”) seeks review of the decision of the Board of Immigration Appeals (“BIA”) finding him statutorily ineligible for relief from removal under 8 U.S.C. § 1182(h).   Applying the precedent of Matter of Koljenovic, 25 I. & N. Dec. 219 (BIA 2010), the BIA found that Hanif was a lawful permanent resident (“LPR”), and that his date of admission was May 17, 2006, the date he was granted LPR status.  Thus, he had not satisfied the seven years of continuous residence required by the statute.  Hanif argues that the language of the statute is clear, and that he has never been “admitted” to the United States “as an alien lawfully admitted for permanent residence.”  For the reasons