United States Ninth Circuit

The petition for review of the Board of Immigration Appeals' (BIA) decision finding that the statutory language of the Immigration and Nationality Act (INA) excludes petitioner from eligibility to apply for a waiver of inadmissibility under section 212(h) of the INA, is granted, where: 1) under the plain language of INA section 212(h), only non-citizens who entered the United States as lawful permanent residents are barred from eligibility to apply for waiver; and 2) petitioner is not barred from applying for a waiver because her post-entry adjustment of status to a lawful permanent resident after her admission to the U.S. does not constitute an admission in the context of INA section 212(h).

Appellate Information

• Decided 01/21/2014
• Published 01/21/2014

Judges

• COWEN

Court

• United States Ninth Circuit

Counsel