United States Second Circuit

In a petition for review of the BIA's decision finding petitioner statutorily ineligible for a discretionary waiver of inadmissibility, the petition is denied where, under 8 U.S.C. section 1182, an alien who "has previously been admitted" to the U.S. as a lawful permanent resident denoted an alien who had been so admitted at any time in the indefinite past.

Appellate Information

• Argued 01/22/2010
• Decided 06/09/2010
• Published 06/09/2010

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before WALKER, STRAUB, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno (Jules E. Coven & Kerry W. Bretz, on the brief), Bretz & Coven LLP, New York, N.Y., for Petitioner.


• For Appellees:
  
• Remi Adalemo, Attorney, Office of Immigration Litigation (Tony West, Assistant Attorney General & Luis E. Perez, Senior Litigation Counsel, Office of Immigration Litigation, on the brief), U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.