Martinez v. Attorney General
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
JONES, II, District Judge.
Section 212(h) of the Immigration and Nationality Act (“INA”) expressly bars from status adjustment a non-citizen who has “previously been admitted to the United States as an alien lawfully admitted for permanent residence” but later is convicted of an aggravated felony. 8 U.S.C. § 1182(h)(l)(C)(2). This appeal presents a question of first impression in this Circuit: whether someone who was accorded the designation of “lawfully admitted for permanent residence” status upon physical entry into the United States, but who in fact did not…
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