In Lennon the Second Circuit concluded, in agreement with the Board of Immigration Appeals, that since § 1182(a)(23) is addressed to violations of laws proscribing illicit possession, an alien should not be excluded for a conviction under a foreign statute which penalized unknowing as well as intentional possession.
In Waziri v. United States Immigration and Naturalization Service, 392 F.2d 55, 57 (9th Cir. 1968), this court held that where a petitioner has been ordered deported on the basis of an underlying order rescinding the petitioner's adjustment of status, "[t]he interdependency of the two orders requires that the [§ 1105a] power of review extend to the order rescinding" an adjustment of status.
Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted