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January 2014 Archives

New defense for permanent residents with aggravated felonies

Many lawful permanent residents convicted of aggravated felonies now have a defense to removal after the recent Ninth Circuit decision, Negrete-Ramirez v. Holder.  The court held that adjustment of status does not prevent aggravated felons from applying for waivers of inadmissibility under Immigration and Nationality Act § 212(h).  This overturns the government's earlier ruling that no lawful permanent residents convicted of aggravated felonies could apply for 212(h) waivers.  Furthermore, the court's reasoning should also eliminate a seven-year residency requirement for those lawful permanent residents who adjusted their status.

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