Legal Opinion · Concurrence

Rotimi v. Holder

Court of Appeals for the Second Circuit

Decided August 14, 2009No. Docket 06-0202-agPublished

1ConcurrenceJon O. Newman, Circuit Judge

I concur in the Court’s opinion and judgment, but add these brief additional thoughts. Rotimi’s case is not an unsympathetic one. He entered the country lawfully (although that lawfulness has long since expired), he has been here now for 14 years, he is married to a United States citizen, and the basis for his removal, a conviction for forgery in the second degree, seems rather minor in significance. Perhaps he is a candidate for a private bill.1 Or perhaps the Government, wholly apart from the statutory waiver provision of section 212(h), might simply exercise its discretion to permit Rotimi…

2Cases cited3 opinions

  1. Bao Li Xu v. MukaseyCourt of Appeals for the Second Circuit · 2008
  2. Chion Yin Kong v. HolderCourt of Appeals for the Second Circuit · 2009
  3. Khatun v. FilipCourt of Appeals for the Second Circuit · 2009

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