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attorneystatuteplealiensadmissibility
attorneystatuteplealiensadmissibility

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Rana v. Holder

Facts

The alien, a citizen of Pakistan lawfully residing in the United States, pleaded guilty of unlawful possession of less than two ounces of marihuana. Based on his marriage to a U.S. citizen, he applied for an adjustment of his immigration status to lawful permanent resident. Because he had been convicted of a controlled-substance violation, he was an inadmissible alien under 8 U.S.C.S. 1182(a)(2)(A)(i)(II), but he obtained a waiver of inadmissibility in order to receive his adjustment of status. After his adjustment of status, the alien was charged with and pleaded guilty to a second offense of possessing less than two ounces of marihuana. After serving his sentence, he left the United States. On his return, he was again deemed inadmissible because of his new marihuana possession offenseunless he could obtain another waiver.

The alien, a citizen of Pakistan lawfully residing in the United States, pleaded guilty of unlawful possession of less than two ounces of marihuana. Based on his marriage to a U.S. citizen, he applied for an adjustment of his immigration status to lawful permanent resident. Because he had been convicted of a controlled-substance violation, he was an inadmissible alien under 8 U.S.C.S. 1182(a)(2)(A)(i)(II), but he obtained a waiver of inadmissibility in order to receive his adjustment of status. After his adjustment of status, the alien was charged with and pleaded guilty to a second offense of possessing less than two ounces of marihuana. After serving his sentence, he left the United States. On his return, he was again deemed inadmissible because of his new marihuana possession offenseunless he could obtain another waiver.

Issue

The issue is whether such a waiver is available where an applicant has been convicted of two separate offenses of possessing 30 grams or less of marihuana but has already received a 1182(h) waiver relating to the first offense.

The issue is whether such a waiver is available where an applicant has been convicted of two separate offenses of possessing 30 grams or less of marihuana but has already received a 1182(h) waiver relating to the first offense.

Rule

Aliens who are convicted of a controlled substance offense are inadmissible into the United States, 8 U.S.C. 1182(a)(2)(A)(i)(II), unless they can obtain a waiver, see 1182(h). The Attorney General may, however, only 'waive the application of . . . [1182(a)(2)(A)(i)(II)] insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana.'

Aliens who are convicted of a controlled substance offense are inadmissible into the United States, 8 U.S.C. 1182(a)(2)(A)(i)(II), unless they can obtain a waiver, see 1182(h). The Attorney General may, however, only 'waive the application of . . . [1182(a)(2)(A)(i)(II)] insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana.'

Analysis

The court applied the rule by determining that Rana's interpretation of 1182(h) was flawed. The court reasoned that granting a waiver for the second offense would effectively mean waiving the application of the statute for two offenses, which is not permitted under the law. The court emphasized that the statute limits waivers to a single offense and that previous waivers do not erase the underlying convictions from consideration in future proceedings.

The court applied the rule by determining that Rana's interpretation of 1182(h) was flawed. The court reasoned that granting a waiver for the second offense would effectively mean waiving the application of the statute for two offenses, which is not permitted under the law. The court emphasized that the statute limits waivers to a single offense and that previous waivers do not erase the underlying convictions from consideration in future proceedings.

Conclusion

The petition for review was denied, affirming the BIA's decision that Rana was ineligible for a 1182(h) waiver due to his multiple convictions.

The petition for review was denied, affirming the BIA's decision that Rana was ineligible for a 1182(h) waiver due to his multiple convictions.

Who won?

The government prevailed in the case because the court upheld the BIA's ruling that Rana was ineligible for a waiver based on his multiple offenses.

The government prevailed in the case because the court upheld the BIA's ruling that Rana was ineligible for a waiver based on his multiple offenses.

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