Rana v. Holder, Jr., No. 10-60539 (5th Cir. 2011)
Annotate this CasePetitioner, a citizen of Pakistan, pleaded guilty to unlawful possession of less than two ounces of marihuana. At issue was whether a waiver was available where an applicant had been convicted of two separate offenses of possessing 30 grams or less of marihuana but had already received an 8 U.S.C. 1182(h) waiver relating to the first offense. The court held that based on the plain language of section 1182(h), the implausibility of petitioner's reading, and prior BIA and Fifth Circuit precedent, an alien who had been convicted of two or more offenses of simple possession of 30 grams or less of marihuana was ineligible for a 1182(h) waiver, regardless of whether he previously received a 1182(h) waiver related to one of his offenses. Therefore, the petition for review of the BIA's decision was denied.
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