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United States Ninth Circuit


Sum v. Holder, 05-75776

In a petition for review of the BIA's denial of petitioner's application for an 8 U.S.C. section 212(h) waiver of removal because he was convicted of a qualifying offense after his admission as a lawful permanent resident (LPR), the petition is denied where, because petitioner was "admitted" as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he was barred from section 212(h) relief.

Appellate Information

  • Argued 03/12/2010
  • Decided 04/23/2010
  • Published 04/23/2010

Judges

  • Before J. CLIFFORD WALLACE, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Marie Kayal and Martin Avila Robles, Immigration Practice Group, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Blair O'Connor, United States Department of Justice, Civil Division/Office of Immigration Litigation, Washington, D.C., for the respondent.
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