L. D. G. v. Holder., No. 13-1011 (7th Cir. 2014)
Annotate this CaseL has lived in the U.S. since 1987 and was a victim of armed kidnapping and sexual assault, in 2006, because of her brother-in-law’s drug dealings. Drugs were subsequently found in her garage and, although she accepted a plea agreement to get probation and remain with her four children (U.S. citizens), she maintains that she was not involved in the drug trade. L applied for a U Visa under the Victims of Trafficking and Violence Protection Act, 114 Stat. 1464 to forestall her impending removal. The decision whether to grant a U Visa to a crime victim who is otherwise ineligible for admission is discretionary and is exercised through USCIS, 8 U.S.C. 1101(a)(15)(U). USCIS refused to waive her inadmissibility stemming from her uninspected entry and drug conviction. Facing certain removal, she asked the Immigration Judge to determine independently whether to waive her inadmissibility. The IJ declined and found that USCIS alone had jurisdiction to provide a waiver. The Board of Immigration Appeals affirmed. The Seventh Circuit remanded to the IJ with instructions to consider the waiver request under 8 U.S.C. 1182, noting that ambiguities in the “labyrinthine statutory structure” should be resolved in favor of the alien.
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