United States Second Circuit

Denial of application for an Immigration and Naturalization Act section 212(h) waiver of removal, based on finding petitioner's period of residence as an asylum seeker was not lawful, is vacated as a nonprecedential decision by a single member of the BIA should not be accorded Chevron deference, and is remanded to allow the BIA to construe the "lawfully resided continuously" provisions of section 212(h) in a precedential opinion.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• Before:  FEINBERG, NEWMAN, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Daniel Shabasson, Pollack, Pollack, Isaac & DeCicco, Esqs., New York, N.Y., for Petitioner.


• For Appellees:
  
• Dione M. Enea, Special Assistant United States Attorney, for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Respondents.