Legal Opinion

RIVAS

Board of Immigration Appeals

Decided July 1, 2013No. ID 3783PublishedCited by 24 opinions

1Opinion of the Court

Cite as

26 I&N Dec. 130

(BIA 2013) Interim Decision #3783 Matter of Giovanny RIVAS, Respondent Decided June 20, 2013 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2006), is not available on a “stand-alone” basis to an alien in removal proceedings without a concurrently filed application for adjustment of status, and a waiver may not be granted nunc pro tunc to avoid the requirement that the alien must establish eligibility for adjustment.…

2Cases cited24 opinions

  1. Fedorenko v. United StatesSupreme Court of the United States · 1981
  2. Judulang v. HolderSupreme Court of the United States · 2011
  3. Ernest Francis v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
  4. COELHOBoard of Immigration Appeals · 1992
  5. SILVABoard of Immigration Appeals · 1976

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3Cited by24 opinions

  1. George Garcia v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  2. Dijana Kilic v. William P. BarrCourt of Appeals for the Sixth Circuit · 2020
  3. Rivas v. U.S. Attorney GeneralCourt of Appeals for the Eighth Circuit · 2014
  4. Etumai Mtoched v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  5. Jose Palma-Martinez v. Loretta E. LynchCourt of Appeals for the Seventh Circuit · 2015

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