Lam v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-2576
Decision Date: 
October 16, 2012
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Alien was entitled to reconsideration of his application for waiver of inadmissibility under section 212(h)(1)(B) of Immigration and Nationality Act after alien was found to be inadmissible due to 2002 conviction for fraud. Alien claimed that his spouse and young children would face extreme hardship arising out of his forced departure, and Bd. overlooked material evidence relating to spouse's depression, as well as improperly relied upon report to determine that alien had failed to demonstrate rehabilitation.