Frederick v. Holder, No. 09-2607 (7th Cir. 2011)
Annotate this CaseThe petitioner, born in Germany in 1957, was admitted as a lawful permanent U.S. resident in 1961. In 1990 he entered a plea of guilty to two counts of aggravated sexual abuse of a minor. He was discharged from parole in 1993; 14 years later the Department of Homeland Security issued a notice to appear. An immigration judge found the petitioner ineligible for waiver under 8 U.S.C. 1182(c) and the Board of Immigration Appeals dismissed an appeal. The Seventh Circuit denied relief. A waiver must be denied if the alien is deportable on a ground that does not have a statutory counterpart in section 212 of the Act; an aggravated felony involving sexual abuse of a minor has no statutory counterpart. It is irrelevant that he could have been charged differently and may have believed, when he entered his plea, that he was eligible for waiver. The court rejected due process and equal protection arguments.
The court issued a subsequent related opinion or order on March 13, 2012.
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