Papazoglou v. Holder, No. 12-2372 (7th Cir. 2013)Annotate this Case
Papazoglou, a citizen of Greece, entered the U.S. on a visitor’s visa in 1986. In 1987, he married a U.S. citizen, Hariklia, and adjusted his status to lawful permanent resident in 1990. He has four children. In 2008, Papazoglou pled guilty to third-degree sexual assault and physical abuse of a child and was sentenced to 2 ½ years’ imprisonment and 4 ½ years of probation. DHS began removal proceedings, 8 U.S.C.A. 1227(a)(2)(A)(iii). Papazoglou sought adjustment of status based on his marriage, 8 U.S.C. 1255(a), and a waiver of inadmissibility arising from that aggravated felony conviction, 8 U.S.C. 1182(h). The IJ granted the waiver and the adjustment of status. The Board of Immigration Review found Papazoglou statutorily ineligible for waiver and that, even if he were eligible for waiver, he would not be entitled to it as a matter of discretion. The Seventh Circuit denied review, upholding the Boar’s interpretation of the statute as applied to Papazoglou and finding that judicial review of discretionary removal decisions based on commission of an aggravated felony is precluded by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1252(a)(2)(C).