Charles Eleri v. Jefferson Sessions

OPINION

KORMAN, District Judge:

The issue presénted here is whether the Attorney General has the discretion to grant a waiver of inadmissibility to a conditional permanent resident who has been convicted of an aggravated felony as opposed to a lesser offense involving moral turpitude. 8 U.S.C. § 1182(a)(2)(A)(i)(I). In the latter case, the Attorney General may grant a waiver of inadmissibility if “the alien’s denial of admission would result in extreme hardship” to his U.S. citizen spouse. Id. at § 1182(h)(1)(B). Such a waiver is barred, however, if the alien has been convicted of an aggravated…