CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of the Immigration and Nationality Act (“the Act”) bars such a hardship waiver for an alien admitted to the United States in the first place as an immigrant, but the bar cannot be read to extend to aliens who were lawfully admitted first as nonimmigrants and who later adjusted to immigrant status. The basis for such a distinction is very hard to see, and the Attorney General accordingly argues that the bar applies in both instances. The inescapably clear language of the statute, however, requires the conclusion that the bar does not extend to the latter situation. The decision of the Board of Immigration Appeals relying on the bar therefore cannot stand in this case. ... Absent a constitutional argument (none is made here), we must apply the clear meaning of the Act. We grant the petition for review and remand this matter to the Board for further proceedings consistent with this opinion." - Stanovsek v. Holder, Sept. 24, 2014.  [Hats off to Thomas E. Moseley!]