Seepersad v. Sessions, No. 16-64 (2d Cir. 2018)Annotate this Case
The Second Circuit joined its sister circuits and held that differentiating between two classes of legal permanent residents—those who seek a waiver from within the United States and those who seek a waiver at the border—in the 8 U.S.C. 1182(h) waiver process does not violate equal protection. Petitioner, a native and citizen of Trinidad and Tobago, sought review of the BIA's decision affirming the IJ's order of removal based on his conviction for a crime involving moral turpitude and constituting an aggravated felony. In this opinion, the court held that the agency's interpretation of the waiver provision did not violate the Equal Protection Clause by arbitrarily distinguishing between aliens who seek a waiver of inadmissibility while within the United States from those entering the United States at its borders.