Paek v. Attorney General of the United States

OPINION

RENDELL, Circuit Judge:

We address the proper interpretation of the Immigration and Nationality Act (“INA”) — specifically, whether the conditional nature of an alien’s lawful permanent resident status affects his eligibility for a waiver of inadmissibility under INA § 212(h), 8 U.S.C. § 1182(h). Under § 212(h)’s aggravated felony bar, “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence,” who is later convicted of an aggravated felony, is statutorily ineligible for a waiver of inadmissibility. Id. We must decide whether…