Matter of ___ - BIA

Effect of a wave-through on eligibility for cancellation of removal


October 19, 2016

The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute. Specifically, amici argue that a wave-through entry is an “admission” pursuant to BIA precedent, and that unlawful status upon entry is “status” within the plain meaning of the term “any status.”

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