Rivera-Peraza v. Holder, No. 08-70455 (9th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Mexico, was convicted of armed robbery with a firearm in California in 1981. After serving most of his sentence, Rivera was deported in 1984. Since then, Petitioner twice reentered the country without inspection. The government began a removal proceeding against Rivera in 2004. Rivera admitted removability and sought adjustment of status to lawful permanent resident, Because his 1981 conviction rendered him inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(I), Rivera applied for a waiver of inadmissibility under section 1182(h)(1)(A) and (B). The immigration judge denied Rivera's application for wavier of inadmissibility. The Board of Immigration Appeals (BIA) affirmed, concluding that Rivera failed to satisfy the hardship standard of 8 C.F.R. 1212.7(d). The Ninth Circuit Court of Appeals affirmed and denied the application, holding that the BIA properly applied section 1212.7(d) to Rivera.
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