Paek v. Attorney Gen. of United States, No. 14-3982 (3d Cir. 2015)
Annotate this CaseIn 1991, Paek, a native and citizen of South Korea, was admitted to the U.S. as a Conditional lawful permanent resident (LPR) based on his mother’s marriage to a U.S. citizen and member of the U.S. military, qualifying Paek as an “alien son,” 8 U.S.C. 1186a(h)(2) In, 2000, Paek’s immigration status was adjusted. In 2005 and 2006, Paek was convicted of receiving stolen property, theft, and, relevant here, first degree robbery. After removal proceedings were initiated against him, Paek applied for adjustment of status on the basis of his own marriage to a U.S. citizen. He also sought a waiver of inadmissibility pursuant to 8 U.S.C. 1182 (h). The Immigration Judge determined that Paek was statutorily ineligible for a waiver because of the aggravated felony bar. Paek did not dispute that this offense constituted an aggravated felony, but argued that the bar does not apply to persons initially admitted as Conditional LPR. The IJ and Board of Immigration Appeals rejected that argument. The Third Circuit denied a petition for review, holding that Paek was statutorily ineligible for a section 212(h) waiver because he had committed an aggravated felony after his admission as a Conditional LPR.
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