Fares v. Barr, No. 13-71916 (9th Cir. 2019)Annotate this Case
The Ninth Circuit granted a petition for review of the BIA's decision concluding that petitioner was ineligible for a waiver of removability under section 237(a)(1)(H) of the Immigration and Nationality Act.
The panel held that a noncitizen who seeks a section 237(a)(1)(H) waiver is "otherwise admissible" even though he failed to return to his country of origin for at least two years, as required by INA section 212(e). Therefore, the BIA's contrary interpretation contravened the statute's text, and petitioner was otherwise admissible for purposes of section 237(a)(1)(H) waiver notwithstanding 212(e). In this case, notwithstanding his failure to satisfy or receive a waiver of the two-year residency requirement, petitioner was admissible under several provisions of 8 U.S.C. 1101(a)(15). The panel remanded for the agency to use its discretion in determining whether to grant the requested waiver.