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statuteappealleasefelony
statuteappealleasefelony

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Lawrence v. Holder

Facts

Alfredo Rolando Lawrence, a native and citizen of Panama, was admitted to the United States as a lawful permanent resident in 1987. He was later convicted of armed robbery and kidnapping in California, serving five years and seven months of a nine-year sentence. Following his release, he was issued a Notice to Appear for removal proceedings due to his aggravated felony conviction. Lawrence sought relief under 212(c) of the INA, but the immigration judge found him ineligible due to the aggravated felony bar.

Alfredo Rolando Lawrence, a native and citizen of Panama, was admitted to the United States as a lawful permanent resident in 1987. He was later convicted of armed robbery and kidnapping in California, serving five years and seven months of a nine-year sentence. Following his release, he was issued a Notice to Appear for removal proceedings due to his aggravated felony conviction. Lawrence sought relief under 212(c) of the INA, but the immigration judge found him ineligible due to the aggravated felony bar.

Issue

Whether the aggravated felony bar to relief under 212(c) applies to Lawrence, who filed his application for relief after November 29, 1990.

Whether the aggravated felony bar to relief under 212(c) applies to Lawrence, who filed his application for relief after November 29, 1990.

Rule

The aggravated felony bar to a 212(c) waiver applies to applications filed after November 29, 1990, regardless of the alien's initial admission date to the United States.

The aggravated felony bar to a 212(c) waiver applies to applications filed after November 29, 1990, regardless of the alien's initial admission date to the United States.

Analysis

The court determined that the term 'admissions' in 212(c)'s effective date provision refers to the date that an alien seeks relief. Since Lawrence filed his application for relief after November 29, 1990, the aggravated felony bar applied to him, making him ineligible for the waiver. The court deferred to the Board of Immigration Appeals' interpretation of the statute, which was consistent with congressional intent.

The court determined that the term 'admissions' in 212(c)'s effective date provision refers to the date that an alien seeks relief. Since Lawrence filed his application for relief after November 29, 1990, the aggravated felony bar applied to him, making him ineligible for the waiver. The court deferred to the Board of Immigration Appeals' interpretation of the statute, which was consistent with congressional intent.

Conclusion

The court denied Lawrence's petition for review, affirming that he was ineligible for relief under 212(c) due to his status as an aggravated felon who filed his application after the effective date of the bar.

The court denied Lawrence's petition for review, affirming that he was ineligible for relief under 212(c) due to his status as an aggravated felon who filed his application after the effective date of the bar.

Who won?

The government prevailed in the case because the court upheld the Board of Immigration Appeals' decision that Lawrence was ineligible for relief under 212(c) due to the aggravated felony bar.

The government prevailed in the case because the court upheld the Board of Immigration Appeals' decision that Lawrence was ineligible for relief under 212(c) due to the aggravated felony bar.

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