Lawal v. U.S. Attorney General, No. 11-15495 (11th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Nigeria, petitioned for review of the BIA's dismissal of his appeal of the denial of his application for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(h). The court concluded that it was unclear whether the BIA's current interpretation of section 212(h) - that an alien seeking section 212(h) relief who had not filed an adjustment of status application must remain "outside our borders while applying for relief" - overruled Matter of Sanchez or if the BIA's current interpretation essentially functioned as a continuation of its precedent under Sanchez, in which case the BIA would treat an alien satisfying the conditions of Sanchez as if the alien were "outside our borders while applying for relief." Therefore, the court remanded to the BIA for the purpose of allowing it to consider petitioner's case in light of the court's intervening decision in Poveda v. U.S. Att'y Gen. and to apply Sanchez to petitioner's case if the BIA finds it applicable. On remand, the BIA should also reconsider petitioner's case in light of the Supreme Court's holding in Judulang v. Holder. Accordingly, the court vacated and remanded for further proceedings.
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