United States Third Circuit
Hanif v. Attorney General of the United States, 11-2643
A Guyanese citizen's petition for review of the BIA's determination finding him statutorily ineligible for relief from removal under 8 U.S.C. section 1182(h), is granted and the BIA's decision vacated, as under the first step of the Chevron test, the language of section 1182(h) is clear and unambiguous on its face, in that it requires both an "admission" and that the "admission" have been made by "an alien lawfully admitted for permanent residence." Here, petitioner has never been "admitted" to the United States "as an alien lawfully admitted for permanent residence," but acquired his LPR status while in the United States, never having been admitted for that purpose.
Appellate Information
- Decided 09/14/2012
- Published 09/14/2012
Judges
- Greenaway
Court
- United States Third Circuit