Tuesday, June 5th, 2018

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." –