Read Bracamontes v. Holder, 10-2033

In removal proceedings against a lawful permanent resident who had adjusted status after his last entry into the United States and then was convicted of an aggravated felony for which he sought a 212(h) waiver: 1) a petition for review of a BIA decision is granted, the order of removal is vacated, and the case is remanded for consideration of the waiver, where 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; but 2) the Fourth Circuit had no jurisdiction over a petition for review of BIA rulings precluding the petitioner from seeking additional relief under the Convention Against Torture, as the challenge did not implicate a question of law.

Appellate Information

• Decided 03/29/2012
• Published 03/29/2012

Judges

• Wynn

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Satnam Singh, Sheri Robyn Glaser