L.D.G. v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-1011
Decision Date: 
March 12, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
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.