Spacek v. Holder, No. 11-2443 (8th Cir. 2012)
Annotate this CasePetitioner was born in Czechoslovakia and was admitted as a permanent resident in the United States. After Defendant was convicted of racketeering, the Department of Homeland Security initiated removal proceedings. Petitioner applied for cancellation of removal and applied for a waiver of inadmissibility. An immigration judge found Petitioner eligible for both of these forms of relief, denied Petitioner a waiver of inadmissibility, and granted Petitioner cancellation of removal. The Board of Immigration Appeals (BIA) held Petitioner to be ineligible for both a cancellation of removal and a waiver of inadmissibility. The Eighth Circuit Court of Appeals affirmed, holding that the BIA did not err in finding (1) Petitioner's racketeering conviction was an aggravated felony and that he was therefore ineligible for cancellation of removal; and (2) Petitioner was ineligible for a waiver because he was lawfully admitted for permanent residence at the time of his admission, and therefore, his aggravated felony disqualified him from seeking a waiver of inadmissibility.
Court Description: Petition for Review - Immigration. Petitioner's North Dakota conviction for racketeering was an aggravated felony and he was therefore ineligible for cancellation of removal under 8 U.S.C. Sec. 1229b(a); petitioner was ineligible for a waiver under 8 U.S.C. Sec. 1182(h) because he was lawfully admitted for permanent residence at the time of his admission under 8 U.S.C. sec. 1159(a)(1).
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