United States Second Circuit

In this case petitioner initially entered the United States lawfully, but without lawful permanent resident (LPR) status, then later adjusted to LPR status. Petition for review of a Board of Immigration Appeals decision ordering the petitioner's removal, denying his request for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, and denying his request for a continuance, is granted in part, vacated as to the removal order to permit petitioner's application for a waiver of inadmissibility under section 212(h), dismissed as to the remainder of the petition, and remanded for further proceedings, where: 1) petitioner is not an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence, and is therefore eligible to seek a waiver under section 212(h) if the Attorney General chooses to exercise favorable discretion; and 2) his challenge to the denial of his request for a continuance is moot.

Appellate Information

• Decided 01/08/2015
• Published 01/08/2015

Judges

• Katzmann

Court

• United States Second Circuit

Counsel