Medina-Rosales v. Holder, No. 14-9541 (10th Cir. 2015)
Annotate this CaseIt was undetermined when petitioner Carlos Jovany Medina-Rosales entered the United States, but he received an adjusted status as a lawful permanent resident (LPR) in late 2001. In 2013, while residing in Oklahoma, he was convicted of grand larceny in Oklahoma state court. Shortly thereafter, the Department of Homeland Security (DHS) began removal proceedings. The Notice to Appear ordered him to appear before an Immigration Judge (IJ) in Dallas, Texas, even though the issuing officer was in Tulsa, Oklahoma. About two months later Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ held video conference hearings with Medina-Rosales and his counsel, who were in Tulsa. The IJ issued an oral decision, ordering Medina-Rosales’ removal and pretermitting and denying his applications for waiver of inadmissibility and adjustment of status. The IJ rejected his argument that Fifth Circuit law applied, deciding, instead, that Tenth Circuit law applied because the case arose in Tulsa, even though the IJ was located in Dallas and proceedings were conducted by video conference. Next, the IJ determined that Medina-Rosales was ineligible for a waiver of inadmissibility, and, by extension, adjustment of status, because he had been convicted of the aggravated felony of grand larceny after acquiring LPR status. The BIA dismissed Medina-Rosales’ appeal, and he appealed to the Tenth Circuit. Based on the clear and unambiguous language of 8 U.S.C. 1182(h), the Tenth Circuit concluded that Medina-Rosales was eligible for a waiver of inadmissibility. Accordingly, the Court granted the petition for review and remanded this case back to the BIA with instructions to remand to the IJ for further proceedings.
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