Fernandez v. Att’y Gen. of the U.S.

Taveras, a citizen of the Dominican Republic, entered the U.S. as a lawful permanent resident in 1978, at age one year. He has left the country only at age five and at age 13. In 2009, he married a U.S. citizen. He is the father of two U.S. citizens. Several other relatives are U.S. citizens. The Department of Homeland Security (DHS) initiated removal in 2003 based upon his 1999 New York conviction for possession of crack cocaine, 8 U.S.C. 1227(a)(2)(B)(i). Taveras sought cancellation of removal under 8 U.S.C. 1229b(a), applicable to certain permanent residents who can demonstrate lengthy physical presence and substantial ties in the U.S., and have not committed an aggravated felony. The Immigration Judge terminated the proceedings. In 2010, DHS instituted a second removal proceeding, based on 2006 and 2008 convictions for petit larceny, under 8 U.S.C. 1227(a)(2)(A)(ii) (commission of two or more crimes involving moral turpitude). Taveras sought adjustment of status under 8 U.S.C. 1255(a), and waiver of inadmissibility under 8 U.S.C. 1182(h). The IJ granted the applications, reasoning that Taveras had received a “waiver” of the 1999 drug conviction such that he could no longer be found inadmissible for that offense or ineligible for waiver. The BIA found Taveras ineligible to adjust his status and receive a waiver, stating that waiver of inadmissibility or deportability waives only the ground charged, but not the underlying basis for removability. The Third Circuit denied Taveras’s petition, upholding the order of removal. View "Fernandez v. Att'y Gen. of the U.S." on Justia Law