United States Fifth Circuit

Petition for review of a decision sustaining a removability charge and denying petitioner statutory eligibility for a waiver of inadmissibility is denied in part, granted in part, and remanded where: 1) petitioner's bank-fraud conviction was an aggravated felony for purposes of the INA, and thus the circuit court lacked jurisdiction to review the removal order; but 2) for aliens who adjust post-entry to lawful permanent resident (LPR) status, INA section 212(h)'s plain language demonstrates unambiguously Congress' intent not to bar them from seeking a waiver of inadmissibility.

Appellate Information

• Decided 03/11/2008
• Published 03/12/2008

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before KING, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas Edward Moseley (argued), Law Offices of Thomas E. Moseley, Newark, NJ, for Martinez., Robert N. Markle (argued), Thomas Ward Hussey, Dir., Linda Susan Wendtland, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Mukasey.