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Keywords

statuteappealvisaadmissibility
visaadmissibility

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Rivas v. AG

Facts

Giovanny Rivas, a native and citizen of Colombia, was convicted of petit larceny in Florida, making him removable. After his convictions, he left the U.S. and reentered three times without notifying officials of his inadmissibility. The Department of Homeland Security initiated removal proceedings against him, and an immigration judge initially granted him a waiver of inadmissibility. However, the Board of Immigration Appeals later reversed this decision, stating that Rivas did not apply for a waiver concurrently with an adjustment of status as required by the amended statute.

Giovanny Rivas, a native and citizen of Colombia, was convicted of petit larceny in Florida, making him removable. After his convictions, he left the U.S. and reentered three times without notifying officials of his inadmissibility.

Issue

Whether a deportable alien who had left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility.

Whether a deportable alien who had left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility.

Rule

The waiver provision under the Immigration and Nationality Act requires that an alien must apply for a waiver of inadmissibility concurrently with an application for a visa, admission to the United States, or adjustment of status.

The waiver provision under the Immigration and Nationality Act requires that an alien must apply for a waiver of inadmissibility concurrently with an application for a visa, admission to the United States, or adjustment of status.

Analysis

The court found that the Board's interpretation of the waiver provision was reasonable, as it aligned with the statutory amendments. Rivas's argument that his reentries distinguished him from previous cases was rejected, and the court upheld the Board's decision that a nunc pro tunc waiver was not permissible without a concurrent application for adjustment of status.

The court found that the Board's interpretation of the waiver provision was reasonable, as it aligned with the statutory amendments.

Conclusion

The court denied Rivas's petition for review, affirming the Board's decision to order his removal from the United States.

The court denied Rivas's petition for review, affirming the Board's decision to order his removal from the United States.

Who won?

The United States government prevailed in the case because the court upheld the Board's interpretation of the waiver provision, which required a concurrent application for adjustment of status.

The United States government prevailed in the case because the court upheld the Board's interpretation of the waiver provision, which required a concurrent application for adjustment of status.

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