Stanovsek v. Holder, No. 13-3279 (6th Cir. 2014)
Annotate this CaseStanovsek, a citizen of Australia, was admitted on a nonimmigrant visitor visa in 1990 and later adjusted status to lawful permanent resident by virtue of his marriage to a U.S. citizen. In 2009, Stanovsek was convicted for the offense of aggravated theft and was sentenced to three years of imprisonment. Stanovsek’s crime constituted an aggravated felony under 8 U.S.C. 1101(a)(43)(G). DHS charged Stanovsek with removability under 8 U.S.C. 1227(a)(2)(A)(iii), as a noncitizen convicted of an aggravated felony after his admission. Stanovsek conceded the charge of removability, but requested an adjustment of status and waiver from removal based on “extreme hardship” on the alien’s citizen spouse, parent, or child, 8 U.S.C. 1182(h). The IJ held that Stanovsek was ineligible for a 212(h) waiver and the BIA affirmed, based on language that: No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if . . . since the date of such admission the alien has been convicted of an aggravated felony. The Sixth Circuit remanded, distinguishing between an alien admitted as an immigrant and an alien admitted as a nonimmigrant who later adjusts to immigrant status.
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