By: WISCONSIN LAW JOURNAL STAFF//May 3, 2011//
Immigration
An alien convicted of sexual abuse of a minor is not eligible for waiver of removal.
“The Supreme Court held in St. Cyr that ‘§ 212(c) relief remains available for aliens . . . whose convictions were obtained through plea agreements and who, notwithstanding those convictions, would have been eligible for § 212(c) relief at the time of their plea under the law then in effect.’ 533 U.S. at 326. But Frederick was not eligible for § 212(c) relief at the time of his guilty pleas because the crime of sexual abuse of a minor has no comparable ground of inadmissibility in § 212(a). Where there is no comparable ground of inadmissibility, St. Cyr is simply inapplicable. Zamora-Mallari, 514 F.3d at 691.”
Petition Denied.
09-2607 Frederick v. Holder
Petition for Review of an Order of the Board of Immigration Appeals, Sykes, J.