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Immigration Update: Matter of E. W. RODRIGUEZ, Respondent

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Dept. of JusticeMatter of E. W. RODRIGUEZ, Respondent

Decided May 2, 2012

U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals

(1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2006), only if the conviction occurred after the alien was admitted to the United States as a lawful permanent resident following inspection at a port of entry.

Bracamontes v. Holder, Nos. 10-2033, 10-2280, 2012 WL 1037479 (4th Cir. Mar. 29, 2012); Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008); and Lanier v. U.S. Attorney General, 631 F.3d 1363 (11th Cir. 2011), followed in jurisdiction only.

(2) In removal proceedings arising outside the Fourth, Fifth, and Eleventh Circuits, section 212(h) relief is unavailable to any alien who has been convicted of an aggravated felony after acquiring lawful permanent resident status, without regard to the manner in which such status was acquired. Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010), reaffirmed.

FOR RESPONDENT:  in Houston, Texas

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