Bd. did not err in reversing IJ’s grant of alien’s application for waiver of inadmissibility under section 212(h) of INA, where: (1) alien became removable based on his prior conviction on charge of unarmed bank robbery, which, in turn, resulted in alien’s loss of his legal permanent resident status; and (2) Bd. found that regulation (8 CFR section 1217(d)), that precluded any discretionary exercise of waiver where alien was involved in violent or dangerous crime unless extreme hardship was established, applied to circumstances of alien’s application. Moreover, while IJ found that alien’s removal would cause extreme financial hardship on his children, Bd. found that said hardship was not extreme. Ct. further noted that it lacked jurisdiction to review instant section 212(h) waiver denial and rejected alien’s argument that: (1) instant regulation was in conflict with congressional intent set forth in section 212(h); (2) Bd. applied said regulation improperly; (3) his conviction was not crime of violence; and (4) Bd. improperly failed to consider certain hardship evidence.
Federal 7th Circuit Court
Civil Court
Immigration