Khodja v. Holder, No. 11-2346 (7th Cir. 2011)
Annotate this CasePetitioner, a 61-year-old Tunisian-Canadian dual citizen, met his wife, a U.S. citizen, in Canada and they married in 1977. They have two children. He became a lawful permanent resident of the U.S. in 1984. In 1988, he was charged in Illinois state court with aggravated battery, armed violence, and attempted murder; expert testimony established that petitioner suffered from major depression with psychotic features and he was found "guilty but mentally ill" of aggravated battery and armed violence and not guilty of attempted murder and was sentenced to four years' imprisonment. He unsuccessfully moved for a judicial recommendation against deportation. An INS attorney indicated that he could seek a waiver under section 212(c) in any subsequent proceeding. Congress repealed that section in 1996. Following a vacation in the Dominican Republic, he was charged as inadmissible for conviction of a crime involving moral turpitude. The IJ denied waiver and the BIA affirmed. The Seventh Circuit remanded. Although petitioner is not eligible for a 212(h) waiver because he committed a "crime of violence," the repeal of 212(c) does not apply retroactively to petitioner.
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