Romero-Rodriguez v. Gonzales
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
This case relates to an alien’s eligibility to apply for a waiver of removal under the Immigration and Nationality Act (“INA”) § 212(c), formerly 8 U.S.C. § 1182(c) (1995) (repealed 1996). 1 Section 212(c) grants the Attorney General the discretionary authority to waive removal for permanent residents who have been in the United States for more than seven years. An alien is not eligible to apply for a § 212(c) waiver if he has “served ... a term of imprisonment of at least 5 years.” Id. The eligibility issue in this case is one of timing. The petitioner, Herbert…
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