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In re Paek

15 Cited authorities

  1. Martinez v. Mukasey

    519 F.3d 532 (5th Cir. 2008)   Cited 92 times   4 Legal Analyses
    Holding that for statutory bar to § 212(h) waiver to apply, "when the alien is granted permission, after inspection, to enter the United States, he must then be admitted as an LPR"

  2. Hanif v. Attorney Gen. of United States

    694 F.3d 479 (3d Cir. 2012)   Cited 53 times   2 Legal Analyses
    Holding that § 212(h) precludes a waiver only for those persons who had attained the status of lawful permanent resident at the time they lawfully entered into the United States

  3. Gallimore v. Att'y Gen. U.S.

    619 F.3d 216 (3d Cir. 2010)   Cited 49 times
    Holding that "the BIA's analysis in all likelihood rests on an historically inaccurate premise ... the BIA's opinion fails adequately to explain its reasoning and, in any event, appears incorrect as a matter of law."

  4. Roberts v. Holder

    745 F.3d 928 (8th Cir. 2014)   Cited 36 times   2 Legal Analyses
    Holding in favor of the government's position, but acknowledging that “[r]eading § 1182(h) in isolation, one might conclude ... that the meaning of ‘admitted’ is clear”

  5. Negrete-Ramirez v. Holder

    741 F.3d 1047 (9th Cir. 2014)   Cited 36 times   2 Legal Analyses
    Addressing the type of "admission" needed for purposes of a waiver of inadmissibility under INA § 212(h)

  6. Lanier v. U.S. Attorney General

    631 F.3d 1363 (11th Cir. 2011)   Cited 31 times   3 Legal Analyses
    Recognizing definition refers to immigration status, regardless of how or when it was obtained

  7. Bracamontes v. Holder

    675 F.3d 380 (4th Cir. 2012)   Cited 20 times   1 Legal Analyses
    Dismissing challenge to motion to reconsider for lack of jurisdiction pursuant to 8 U.S.C. § 1252(C)

  8. Papazoglou v. Holder

    725 F.3d 790 (7th Cir. 2013)   Cited 12 times   2 Legal Analyses

    No. 12–2372. 2013-08-6 Dimitrios PAPAZOGLOU, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Maria T. Baldini–Potermin, Attorney, Maria Baldini–Potermin & Associates, Chicago, IL, for Petitioner. Sheri R. Glaser, Attorney, OIL, Attorney, Department of Justice, Washington, DC, for Respondent. ROVNER Maria T. Baldini–Potermin, Attorney, Maria Baldini–Potermin & Associates, Chicago, IL, for Petitioner. Sheri R. Glaser, Attorney, OIL, Attorney, Department of Justice

  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,836 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  13. Section 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters

    8 U.S.C. § 1186a   Cited 366 times   1 Legal Analyses
    Providing for hardship waivers for "for an alien who fails to meet the requirements of paragraph"

  14. Section 216.4 - Joint petition to remove conditional basis of lawful permanent resident status for alien spouse

    8 C.F.R. § 216.4   Cited 58 times   1 Legal Analyses
    Providing that if the Attorney General denies a conditional LPR's petition to remove conditions, the "alien's lawful permanent resident status shall be terminated "

  15. Section 216.1 - Definition of conditional permanent resident

    8 C.F.R. § 216.1   Cited 20 times

    A conditional permanent resident is an alien who has been lawfully admitted for permanent residence within the meaning of section 101(a)(20) of the Act, except that a conditional permanent resident is also subject to the conditions and responsibilities set forth in section 216 or 216A of the Act, whichever is applicable, and part 216 of this chapter. Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to