Franklin Crespo is our Client of the Month for June 2015. BR attorney Dree Collopy has been representing Mr. Crespo and his family since 2009. At that time, Mr. Crespo’s adjustment of status and extreme hardship waiver under section 212(h) of the Immigration and Nationality Act had been denied by the Immigration Judge, his appeal to the Board of Immigration Appeals had been dismissed, and Mr. Crespo had been detained by Immigration and Customs Enforcement.
The Board of Immigration Appeals has finally given in to the overwhelming weight of the opinions of nine circuit courts of appeals (there are only 12 of them) and accepted the proposition that a permanent resident who received his residence through adjustment of status and was later convicted of an aggravated felony may seek a waiver of inadmissibility under Immigration & Nationality Act sec. 212(h). In Matter of J-H-J-, 26 I.&N.
This article was written by Thomas K. Ragland and he will present it to the South Florida Chapter of the American Immigration Lawyers Association annual Continuing Legal Education Conference in February 2014. Among the most hotly litigated immigration law issues in recent years centers on the meaning and scope of the so-called “aggravated felony bar” in section 212(h) of the Immigration and Nationality Act (“INA”). A number of federal courts – including the U.S.