Lovan v. Holder, Jr., No. 10-3031 (8th Cir. 2011)
Annotate this CasePetitioner, a citizen of Laos and a lawful permanent resident of the United States, petitioned for review of the BIA's decision affirming the IJ's removal order. The court held that because the Attorney General and the BIA applied section 212(c) of the Immigration and Nationality Act, 8 U.S.C. 1182(c), nunc pro tunc in In re L- and In re G-A- -- cases where an excludable alien had traveled and re-entered before being charged as deportable -- without regard to whether a statutory counterpart was charged in the deportation proceeding, and because the BIA failed to address whether this created a distinct basis for finding an impermissible retroactive effect, the petition for review was granted. The court directed the Attorney General to exercise his section 212(c) discretion to decide whether petitioner warranted a waiver of deportation.
Court Description: Petition for Review - Immigration. For the court's prior opinion in the matter, see Lovan v. Holder, 574 F.3d 990 (8th Cir. 2009). Petition for relief granted, with directions to the Attorney General of the United States to exercise his discretion under Sec. 212(C) and determine whether petitioner warrants a waiver of deportation.
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