Bracamontes v. Holder, Jr., No. 10-2033 (4th Cir. 2012)
Annotate this CaseBased on petitioner's conviction for an aggravated felony, the United States sought to remove him. The IJ denied petitioner's statutorily eligibility for a waiver of inadmissibility and the BIA affirmed, concluding that petitioner's post-entry adjustment of status to lawful permanent resident constituted an "admission" to the United States. Because the court found that the plain language of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. 1182(h), did not bar an alien who adjusted post-entry to lawful permanent resident status from seeking a waiver of inadmissibility, the court granted the petition, vacated the order of removal, and remanded the case to the BIA for further proceedings.
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