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09/25/14 | The Sixth Circuit Joins Growing Majority, Rejects BIA’s Narrow Interpretation of Section 212(h)

Washington, D.C.-Wednesday, the U.S. Court of Appeals for the Sixth Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the United States. The American Immigration Council, which filed an amicus brief in the case, applauds the ruling and repeats its call for the Board of Immigration Appeals (BIA) to overturn its contrary decision in Matter of Koljenovic, 25 I&N Dec. 219 (2010).

With this decision, the Sixth Circuit joins the Third, Fourth, Fifth, Seventh, Ninth and Eleventh Circuits in holding that the bar to a waiver under 212(h) of the Immigration and Nationality Act (INA) applies only to those persons with an aggravated felony conviction who became Legal Permanent Resident’s (LPR) at the time that they lawfully entered the United States. The Court found that Congress specifically intended to preserve the waiver for those who adjusted to LPR status following their entry into the U.S. For many LPRs facing removal, the 212(h) waiver is the only means to avoid separation from U.S. family members.

The beneficiary of today’s decision, Robert Michael Stanovsek, a citizen of Australia, was admitted to the United States on a nonimmigrant visitor visa in 1990 and later became an LPR based upon his marriage to a U.S. citizen. He subsequently was convicted of the offense of aggravated theft, and was sentenced to three years of imprisonment. By overruling Matter of Koljenovic, the Sixth Circuit’s ruling will allow Stanovsek to present evidence to an immigration judge demonstrating the hardship that his removal would cause to his U.S. citizen wife and children.

The case is Stanovsek v. Holder, No.13-3279. Thomas E. Moseley represented the petitioner.

San Diego Immigration Lawyers at the Law Offices of Hasbini Immigration Lawyer San Diego specialize in immigrant and non-immigrant visa processing, U.S. permanent residence,
green card, working visas, H-1B’s, business and investment visas,
naturalization, corporate and business immigration, political asylum,
as well as deportation and removal matters.

San Diego Immigration Lawyers
truly understand what it takes to get our clients the legal help they
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with the emotional investment clients make in the immigration process.
We combine our personal experience, our knowledge of the immigration
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Our clients come
from various backgrounds and we work hard to accomplish each of their
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speaks English, Arabic, French, and Spanish.

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