Monday, April 13, 2015

LPR Found Eligible for Waiver of Inadmissibility

Medina-Rosales v. Holder, 2015 WL 756345 (2/24/15) (Published) - The 10th with an alien-friendly ruling. The decision doesn't start out so friendly because the 10th holds that uncertain 10th Circuit law applies rather than 5th Circuit law, which says lawful permanent residents who acquire their status after living in the U.S. are eligible for a waiver of inadmissibility under ยง 1182(h). Mr. Medina-Rosales was found in Tulsa (the 10th) and was in Tulsa while the immigration judge was in Dallas (the 5th) by video-conferencing. But the 10th ends up agreeing with the 5th. The relevant statute says a person "lawfully admitted for permanent residence." is ineligible for the waiver. The 10th, in conflict with a number of other circuits, finds this refers only to those who obtained their LPR status before or at the time of their entry. The 10th says this doesn't make sense policy-wise, but the plain language is the plain language. That Congress may not have foreseen all the consequences of its statute is not a sufficient reason for refusing to give effect to its plain meaning, the 10th reasons.