United States Ninth Circuit

Petition for review of a Board of Immigration Appeals (BIA) decision finding petitioner inadmissible based on his convictions for two crimes involving moral turpitude (CIMTs), and finding him ineligible for an extreme hardship waiver or petty offense exception, is granted, where: 1) although the BIA correctly concluded that petitioner's conviction for threatening to commit a crime resulting in death or great bodily injury is a CIMT, the BIA erred in concluding that petitioner was convicted of spousal abuse by looking to evidence outside of the record of conviction; 2) under In re Rotimi, the time an alien spends in the United States awaiting approval of an adjustment application does not count towards INA section 212(h)'s lawful residency requirement, so petitioner is ineligible for an extreme hardship waiver; and 3) petitioner does not qualify for the petty offense exception.

Appellate Information

• Decided 11/19/2014
• Published 11/19/2014

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel