CA9 on 'Otherwise Admissible' - Fares v. Barr

Fares v. Barr

"Is a noncitizen who seeks a waiver of removability under 8 U.S.C. § 1227(a)(1)(H) “otherwise admissible,” even though he failed to return to his country of origin for at least two years, as required by 8 U.S.C. § 1182(e)? We hold that the answer is “yes” and, accordingly, grant the petition and remand to the agency for it to use its discretion to determine whether to grant Petitioner’s requested waiver."

[Hats off to Daniel Diskin!]