L.D.G. v. Holder

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 13-1011
Decision Date: 
March 12, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted
IJ erred in finding, in context of removal proceeding, that he lacked jurisdiction to consider alien’s request for waiver of inadmissibility under 8 USC section 1182(d)(3)(A), where instant alien sought waiver of inadmissibility in order to obtain U Visa. Moreover, IJ and USCIS have concurrent jurisdiction to consider instant waiver request, and Ct. further noted that even if IJ eventually grants said waiver, USCIS retained authority to grant or deny U Visa, which, if granted, would stave off any removal of alien, where said removal was based on alien’s uninspected entry into US and her prior drug conviction.