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Waiver of Inadmissibility

By: Derek Hawkins//August 30, 2016//

Waiver of Inadmissibility

By: Derek Hawkins//August 30, 2016//

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7th Circuit Court of Appeals

Case Name: Jose Antonio Cisneros v. Loretta E. Lynch

Case No.: 15-3238

Officials: WOOD, Chief Judge, and MANION and HAMILTON, Circuit Judges.

Focus: Waiver of Inadmissibility

Board of immigration overturn of waiver of inadmissibility was a discretionary decision. As a result, the court lacked jurisdiction as its jurisdiction extends only to legal or constitutional issues.

“We see nothing in the statute that compels the Attorney General to adopt one or the other of these methodologies. Be‐ cause she created the regulation to guide her own discretion, she retains the authority to decide how to interpret the term “violent or dangerous” crime, as long as the interpretation is permissible under the INA. Chevron, 467 U.S. at 843; see also Makir‐Marwil, 681 F.3d at 1235 (“all Jean requires is an adequate consideration of the nature of the refugee’s crime”).”

Petition for review denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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