Eleri v. Sessions

Petitioner, a native and citizen of Nigeria, sought review of the BIA's decision finding him ineligible for a waiver of inadmissibility under the aggravated felony bar. Petitioner entered the country as a conditional permanent resident based on his marriage to his first wife, a United States citizen. Petitioner's status as a conditional permanent resident was automatically terminated in 1997 due to his failure to file the required petition. The court concluded that, because petitioner was admitted as a conditional resident in 1995, he thus constituted, under 8 U.S.C. 1182(h), "an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence." Consequently, petitioner was subject to the aggravated felony bar to waiver. The court denied the petition for review. View "Eleri v. Sessions" on Justia Law