Husic v. Holder, No. 14-607 (2d Cir. 2015)
Annotate this CasePetitioner, a native of the former Yugoslavia and citizen of Montenegro, sought review of the BIA's order of removal, denial of his request for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. 1182(h), and denial of his request for a continuance. At issue was whether an alien who lawfully entered the country without lawful permanent resident (LPR) status but later adjusted to LPR status is eligible to seek a waiver of inadmissibility under section 212(h). The court joined seven sister circuits and found that an alien like petitioner is unambigiously not "an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence." Therefore, petitioner is eligible to seek a waiver under section 212(h) if the Attorney General chooses to exercise favorable discretion. The challenge to the denial of petitioner's request for a continuance is moot. Accordingly, the court granted the petition in part and vacated the removal order to permit application for a waiver of inadmissibility. The court dismissed the remainder of the petition as moot and remanded for further proceedings.
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