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Keywords

precedentappealcompliancefelonyimmigration law
compliancefelonyimmigration law

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Savoury v. United States AG

Facts

Karl Savoury lawfully entered the United States as a visitor from Jamaica in 1984. He was arrested on state drug charges in 1988 and later married a U.S. citizen in 1991. Despite informing the INS about his arrest during his adjustment of status interview, he was granted lawful permanent resident status in 1992. However, after a subsequent conviction for possession of cocaine with intent to distribute, the INS initiated removal proceedings against him, leading to the BIA's dismissal of his appeal.

Karl Savoury lawfully entered the United States as a visitor from Jamaica in 1984. He was arrested on state drug charges in 1988 and later married a U.S. citizen in 1991. Despite informing the INS about his arrest during his adjustment of status interview, he was granted lawful permanent resident status in 1992.

Issue

Whether the BIA's determination that Savoury was not lawfully admitted for permanent residence and thus ineligible for INA 212(c) relief was reasonable.

Whether the BIA's determination that Savoury was not lawfully admitted for permanent residence and thus ineligible for INA 212(c) relief was reasonable.

Rule

The term 'lawfully admitted for permanent residence' requires compliance with all applicable immigration laws, and an alien who is inadmissible at the time of adjustment is deemed never to have obtained lawful permanent resident status.

The term 'lawfully admitted for permanent residence' requires compliance with all applicable immigration laws, and an alien who is inadmissible at the time of adjustment is deemed never to have obtained lawful permanent resident status.

Analysis

The court found that the BIA's interpretation of 'lawfully admitted for permanent residence' was reasonable, as Savoury was inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(II) due to his felony drug conviction at the time of his adjustment. The BIA and IJ relied on precedent that established that an alien who is determined to be ineligible for permanent resident status is treated as if they never obtained that status.

The court found that the BIA's interpretation of 'lawfully admitted for permanent residence' was reasonable, as Savoury was inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(II) due to his felony drug conviction at the time of his adjustment.

Conclusion

The court denied the petition for review, affirming the BIA's decision that Savoury was removable and ineligible for relief under INA 212(c).

The court denied the petition for review, affirming the BIA's decision that Savoury was removable and ineligible for relief under INA 212(c).

Who won?

The United States government prevailed in the case because the court upheld the BIA's determination that Savoury was removable and ineligible for relief due to his prior conviction.

The United States government prevailed in the case because the court upheld the BIA's determination that Savoury was removable and ineligible for relief due to his prior conviction.

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