Rodov v. Attorney Gen. of the U.S., No. 10-2272 (3d Cir. 2011)Annotate this Case
Petitioner, admitted in 1998 as a refugee from Belarus, where he had been threatened by anti-Semitism, became a lawful permanent resident in 2001. In 2007, he returned from a trip and found that he was subject to a warrant arising out of a wire fraud scheme. The government released him, but did not formally "admit" him; DHS purported to "parole" him into the country, pursuant to 8 U.S.C. 1182(d)(5)(A), for the purpose of prosecuting him. He pled guilty to aiding and abetting wire fraud (18 U.S.C. 2 and 1343). The stipulation stated that the loss amount attributable to defendant was more than $120,000, but less than $200,000. DHS initiated removal on the ground that conviction of a crime involving moral turpitude precludes admission, 8 U.S.C. 1182(a)(2)(A)(i)(I). The immigration judge ruled that the crime was not an aggravated felony, but that petitioner was an arriving alien and was removable on account of his conviction. The court cancelled removal after concluding that the balance of various factors weighed in his favor. The Board of Immigration Appeals reversed, holding that removal could not be cancelled under sect. 1229b and that petitioner was not eligible for asylum. The Third Circuit affirmed the BIA decision in all respects except with regard to Convention Against Torture claims and remanded.