United States Waiver of Inadmissibility

Waiver of inadmissibility under the Immigration and Nationality Act (INA) of the United States is a discretionary form of relief, which is available to certain "removable aliens"[1] who qualify as either immigrants or VAWA self-petitioners.[2][3] It is related to cancellation of removal. To request a waiver of inadmissibility, eligible immigrants and VAWA self-petitioners generally must file with the Government Form I-601 ("Application for Waiver of Grounds of Inadmissibility").[4] Nationals of the United States are statutorily and manifestly exempt from this relief.[5][6]

Background

The INA was enacted by the U.S. Congress in 1952. Under the INA, "[t]he term 'alien' means any person not a citizen or national of the United States".[7] "Only aliens are subject to removal" and "inadmissibility" under the INA.[8][1] A legal immigrant can either be an alien or a national of the United States, which requires a case-by-case analysis and depends mainly on the number of years he or she has spent in the United States as a lawful permanent resident (i.e., green card holder).[9] U.S. Presidents and the U.S. Congress have historically favored "legal immigrants" over other permanent residents because they are still refugees, i.e., people who escaped from persecution and have no place of permanent residence other than in the United States.[10] Removing from the United States such a "legal immigrant" (permanent resident) can be a grave international crime,[11][12][9][13][14][15] especially if said immigrant qualifies as a U.S. national or has physically and continuously resided in the United States for over 10 years without committing any offense that may trigger removability or inadmissibility.[6][5]

In February 1995, U.S. President Bill Clinton issued a directive in which he expressly stated the following:

Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney General, the Secretary of Health and Human Services, the Chair of the Equal Employment Opportunity Commission, and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment. All illegal immigration enforcement measures shall be taken with due regard for the basic human rights of individuals and in accordance with our obligations under applicable international agreements. (emphasis added).[9]

Under 8 C.F.R. 239.2, any officer mentioned in 8 C.F.R. 239.1 may sua sponte at any time cancel the removal of any person who turns out to be a U.S. national (American) or any person who is simply not "removable" under the INA.[1]

Aliens who may qualify for waiver of inadmissibility

An alien may be inadmissible to the United States for a variety of reasons, which are all described under paragraphs (1) to (10) of 8 U.S.C. § 1182(a).[16] The penultimate sentence under 8 U.S.C. § 1182(h) expressly states the following:

No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. . . (emphasis added).[2]

"The word 'shall' is ordinarily the language of command."[17] The two phrases "[n]o waiver shall be [provided/granted] under this subsection" in the above quoted penultimate sentence is obviously referring to the limited class of aliens already covered by the subsection (i.e., immigrants and VAWA self-petitioners). The remaining classes of aliens are statutorily and manifestly disqualified for waiver of inadmissibility. In other words, they cannot even be considered for this relief.[1][18][19] The only applicable relief available to such aliens (i.e., nonpermanent residents) is under 8 U.S.C. § 1229b(b).[20]

In 2014, the U.S. Court of Appeals for the Eighth Circuit "h[e]ld that § 1182(h) is ambiguous as to the meaning of 'previously been admitted as an alien lawfully admitted for permanent residence.'"[21] Despite what Congress stated in §§ 1182(h) and 1229b, other U.S. courts of appeals and the Board of Immigration Appeals (BIA) bizarrely extended waiver of inadmissibility to criminal aliens who were neither immigrants nor VAWA self-petitioners.[22]

The primary person eligible for waiver of inadmissibility under § 1182(h) is one who entered the United States as a refugee and whose status was subsequently adjusted to that of an "immigrant" and a permanent resident of the United States.[23] Such individual qualifies for waiver of inadmissibility even if he or she has been convicted of an aggravated felony, especially if he or she has U.S. citizen family ties and/or the aggravated felony was committed after 7 years from the date of his or her first arrival into the United States.[3][24]

Criminal grounds

  • Crimes involving moral turpitude (other than a purely political offense)[26]
  • A controlled substance violation according to the laws and regulations of any country or U.S. state[26]
  • Two or more summary convictions not including DUI's, Dangerous Driving or General Assault, or 1 Indictable conviction.[26]
  • Prostitution and commercialized vice
  • A serious criminal activity for which immunity from prosecution has been received

Aliens inadmissible under section 212(a)(3)(B) of the INA have

  • been involved in a current or past terrorist group
  • contributed finances to a current or past terrorist group
  • relatives whom are or have been involved in a current or past terrorist group
  • provided medical assistance to a past or current terrorist group
  • been child soldiers, sex slaves, or trafficked persons forced to contribute to a current or past terrorist group
  • been forced to aid a past or current terrorist group

Illegal entrants and immigration violators

There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility:

  • Aliens who enter the United States without being admitted or paroled at a port of entry (EWI - Entry Without Inspection) or who overstay a valid visa begin to accrue unlawful presence after the illegal entry, or the period of authorized stay expires.[28]
  • Aliens who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA, may apply for a waiver of inadmissibility on Form I-601.[29]
  • Aliens previously deported or given expedited removal must also file Form I-212, Application for Permission to Reapply for Admission (if eligible).[30]
  • Aliens unlawfully present in the United States for an aggregate period of one (1) year who have exited the United States and re-entered without inspection (EWI) are not eligible to file Form I-601 to waive their unlawful presence.[31]

Miscellaneous grounds

  • practicing polygamists
  • guardians accompanying helpless aliens
  • International child abductors and relatives supporting abductors
  • Former U.S. citizens found by the Attorney General to have renounced citizenship for the purpose of avoiding taxation (the currently-unenforced Reed Amendment)[32][33]

Requirements for approval of waiver of inadmissibility

Unlawful presence (3/10 year bar)

  • If the applicant is inadmissible because he or she has been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar), they may apply for a waiver of inadmissibility.[26]
  • It is important to note that an applicant MAY NOT BE ELIGIBLE to apply for waiver of inadmissibility if he or she was unlawfully present in the United States for more than one year, left the United States, then returned without being admitted or paroled (EWI).[34]
  • The applicant must establish that his or her U.S. citizen or legal permanent resident spouse, parent, or the K visa petitioner would suffer extreme hardship if the application were denied.[26]
  • There are special instructions for TPS and VAWA self-petitioners applying for a waiver of this ground of inadmissibility.[26]

Criminal grounds

  • The applicant may apply for a waiver of inadmissibility if he or she has been found to be inadmissible for: (1) a crime involving moral turpitude (other than a purely political offense); (2) a controlled substance violation according to the laws and regulations of any country; (3) two or more summary convictions (other than DUI's dangerous driving or general assault), or one or more indictable convictions; (4) prostitution; (5) unlawful commercialized vice whether or not related to prostitution; or (6) being an alien involved in serious criminal activity, who has asserted immunity from prosecution.[26]
  • The applicant must establish that he or she is inadmissible only because of participation in prostitution (including having procured others for prostitution or having received the proceeds of prostitution), but has been rehabilitated and his or her admission will not be contrary to the national welfare, safety or security of the United States;[26] OR
  • At least 15 years have passed since the activity or event that made the applicant inadmissible, they have been rehabilitated and that their admission to the United States (or issuance of the immigrant visa) will not be contrary to the national welfare, safety or security of the United States;[26] OR
  • The applicant's qualifying U.S. citizen or legal permanent resident spouse, son, daughter, parent or K visa petitioner would experience extreme hardship if the applicant were denied admission; OR
  • The applicant is an approved VAWA (Violence Against Women Act) self-petitioner.
  • The U.S. Attorney General will not favorably exercise discretion for a waiver to consent to the reapplication to the United States (or adjustment of status) in cases involving violent or dangerous crimes except in extraordinary circumstances or cases where the applicant clearly demonstrates that denial of the application would result in "exceptional and extremely unusual hardship."[35]

Fraud or misrepresentation

  • If the applicant is inadmissible because he or she has sought to procure an immigration benefit by fraud or misrepresenting a material fact [INA Section 212(a)(6)(C)(i)], they may apply for a waiver of inadmissibility.[26]
  • The applicant must demonstrate that his or her qualifying U.S. citizen or legal permanent resident spouse, parent or the K visa petitioner would experience extreme hardship if the applicant were denied admission or the applicant is a VAWA self-petitioner and the applicant, their U.S. citizen or legal permanent resident parent or child would experience extreme hardship if the applicant were denied admission to the U.S.[26]
  • An applicant's petition may be approved if he or she is the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiance(e) of a U.S. citizen or the fiance(e)'s child; or if they are a VAWA self-petitioner.[26]
  • Please note that there are additional application requirements for individuals who are inadmissible due to diagnosis with Class A Tuberculosis, HIV, or a "Physical or Mental Disorder and Associated Harmful Behavior".[26][36]
  • A blanket waiver of required vaccinations can be given by the civil surgeon for vaccinations that are not medically appropriate at the time of examination. Applicants with religious or moral objections to all vaccinations may submit proof and apply for a waiver.

Immigrant membership in a totalitarian party

  • If the applicant is inadmissible because he or she was a member of, or affiliated with, the Communist or any other totalitarian party, they may apply for a waiver of inadmissibility.[26][37]
  • A waiver may be granted for humanitarian purposes, to assure family unity, or when it is in the public interest if the applicant is the parent, spouse, son, daughter, brother or sister of a U.S. citizen, or a spouse, son or daughter of a lawful permanent resident, or the fiance(e) of a U.S. citizen.[26] The applicant must also not be deemed a threat to the security of the United States.[26]

Alien smuggling

  • If the applicant is inadmissible because he or she has engaged in alien smuggling,[38] they may apply for a Waiver of Ground of Inadmissibility on Form I-601 ONLY IF they have encouraged,induced, assisted, abetted or aided an individual who at the time of the action was their spouse, parent, son or daughter (and no other individual) to enter the United States in violation of the law.[26]
  • Also, the applicant must be either: (1) a legal permanent resident who temporarily proceeded abroad, not under an order of removal, and who is otherwise admissible to the U.S. as a returning resident; or (2) seeking admission or adjustment of status as an immediate relative, a first, second or third preference immigrant, or as the fiance(e) (or his or her children) of a U.S. citizen.[26]
  • A waiver under this section may be granted for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest.

Procedures

Applicants may download Form I-601 ("Application for Waiver of Grounds of Inadmissibility") from the USCIS website.[4] Depending on whether an applicant is applying for an immigrant visa or adjustment of status, Form I-601 may be filed at the consular office, USCIS office, or in the immigration court considering the immigrant visa or adjustment of status application.[4] It may also be filed with the BIA.[39] The filing fee for Form I-601 is currently $930.

See also

References

  1. 1 2 3 4 8 U.S.C. § 1229a(e)(2) ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also Tima v. Attorney General of the United States, ___ F.3d ___, ___, No. 16-4199, p.11 (3d Cir. Sept. 6, 2018) ("Section 1227 defines '[d]eportable aliens,' a synonym for removable aliens.... So § 1227(a)(1) piggybacks on § 1182(a) by treating grounds of inadmissibility as grounds for removal as well.").
  2. 1 2 8 U.S.C. § 1182(h) (titled "Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)").
  3. 1 2 8 U.S.C. § 1159(c) (titled "Coordination with section 1182" and states: "The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest."); see also 8 U.S.C. § 1101(a)(15) (defining the term "immigrant"); 8 U.S.C. § 1101(a)(51) (defining the term "VAWA self-petitioner").
  4. 1 2 3 8 C.F.R. 212.7(a)(1); see also "I-601, Application for Waiver of Grounds of Inadmissibility". United States Citizenship and Immigration Services (USCIS). April 11, 2018. Retrieved September 8, 2018.
  5. 1 2 Ricketts v. Attorney General of the United States, ___ F.3d ___, No. 16-3182, p.2 (3d Cir. July 30, 2018) ("When an alien faces removal under the Immigration and Nationality Act, one potential defense is that the alien is not an alien at all but is actually a national of the United States."); Mohammadi v. Islamic Republic of Iran, 782 F.3d 9, 15 (D.C. Cir. 2015) ("The sole such statutory provision that presently confers United States nationality upon non-citizens is 8 U.S.C. § 1408."); see also 8 U.S.C. § 1436 ("A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter...."); 8 U.S.C. § 1101(a)(23) ("The term 'naturalization' means the conferring of nationality of a state upon a person after birth, by any means whatsoever.") (emphasis added); TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001) ("It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.") (internal quotation marks omitted); Saliba v. Att’y Gen., 828 F.3d 182, 189 (3d Cir. 2016) ("Significantly, an applicant for naturalization has the burden of proving 'by a preponderance of the evidence that he or she meets all of the requirements for naturalization.'").
  6. 1 2 Jaen v. Sessions, ___ F.3d ___, ___, ___, No. 17-1512, pp.6-7, 19 (2d Cir. Aug. 13, 2018) (case involving a U.S. citizen in removal proceedings); Anderson v. Holder, 673 F.3d 1089, 1092 (9th Cir. 2012) (same); Dent v. Sessions, ___ F.3d. ___, ___, No. 17-15662, p.10-11 (9th Cir. Aug. 17, 2018) ("An individual has third-party standing when [(1)] the party asserting the right has a close relationship with the person who possesses the right [and (2)] there is a hindrance to the possessor's ability to protect his own interests.") (quoting Sessions v. Morales-Santana, 582 U.S. ___, ___, 137 S.Ct. 1678, 1689 (2017)) (internal quotation marks omitted); Yith v. Nielsen, ___ F.3d ___, ___, No. 16-15858, p.5-6 (9th Cir. Feb. 7, 2018) ("Once applicants have exhausted administrative remedies, they may appeal to a district court."); Gonzalez-Alarcon v. Macias, ___ F.3d ___, No. 16-2263 (10th Cir. Mar. 19, 2018); Hammond v. Sessions, No. 16-3013, p.2-3 (2d Cir. Jan. 29, 2018) ("It is undisputed that Hammond's June 2016 motion to reconsider was untimely because his removal order became final in 2003.... Here, reconsideration was available only under the BIA's sua sponte authority. 8 C.F.R. § 1003.2(a). Despite this procedural posture, we retain jurisdiction to review Hammond's U.S. [nationality] claim."); accord Duarte-Ceri v. Holder, 630 F.3d 83, 87 (2d Cir. 2010) ("Duarte's legal claim encounters no jurisdictional obstacle because the Executive Branch has no authority to remove a [U.S. national].").
  7. ↑ 8 U.S.C. § 1101(a)(3)
  8. ↑ Matter of Navas-Acosta, 23 I&N Dec. 586 (BIA 2003).
  9. 1 2 3 "60 FR 7885: ANTI-DISCRIMINATION" (PDF). U.S. Government Publishing Office. February 10, 1995. p. 7888. Retrieved July 16, 2018. ; see also Zuniga-Perez v. Sessions, ___ F.3d ___, ___, No. 17-996, p.11 (2d Cir. July 25, 2018) ("The Constitution protects both citizens and non‐citizens.")
  10. ↑ "Deprivation Of Rights Under Color Of Law". U.S. Department of Justice. August 6, 2015. Retrieved August 17, 2018. Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under 'color of law' include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any. (emphasis added).
  11. ↑ 18 U.S.C. §§ 241–249; United States v. Lanier, 520 U.S. 259, 264 (1997) ("Section 242 is a Reconstruction Era civil rights statute making it criminal to act (1) 'willfully' and (2) under color of law (3) to deprive a person of rights protected by the Constitution or laws of the United States."); United States v. Lanier, 123 F.3d 945 (6th Cir. 1997); Hope v. Pelzer, 536 U.S. 730, 736-37 (2002); United States v. Acosta, 470 F.3d 132, 136 (2d Cir. 2006); see also 42 U.S.C. §§ 1981–1985; Ziglar v. Abbasi, 582 U.S. ___ (2017); Lyttle v. United States, 867 F.Supp.2d 1256, 1270 (M.D. Ga. 2012) (case of a U.S.-born citizen deported from the United States by the ICE "as an 'alien who is convicted of an aggravated felony.'").
  12. ↑ "Article 16". Office of the United Nations High Commissioner for Human Rights. Retrieved July 15, 2018. [The United States] shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
  13. ↑ "Chapter 11 - Foreign Policy: Senate OKs Ratification of Torture Treaty" (46th ed.). CQ Press. 1990. p. 806-7. Retrieved August 8, 2018. The three other reservations, also crafted with the help and approval of the Bush administration, did the following: Limited the definition of 'cruel, inhuman or degrading' treatment to cruel and unusual punishment as defined under the Fifth, Eighth and 14th Amendments to the Constitution. . . .
  14. ↑ Kennedy v. Mendoza-Martinez, 372 U.S. 144, 160 (1963) ("Deprivation of [nationality]—particularly American [nationality], which is one of the most valuable rights in the world today—has grave practical consequences.") (citation and internal quotation marks omitted); see also Arizona v. United States, 567 U.S. 387, 395 (2012) ("Perceived mistreatment of aliens in the United States may lead to harmful reciprocal treatment of American citizens abroad.").
  15. ↑ 8 U.S.C. § 1182(a) (titled "Classes of aliens ineligible for visas or admission").
  16. ↑ Alabama v. Bozeman, 533 U.S. 146, 153 (2001) (internal quotation marks omitted).
  17. ↑ 8 U.S.C. § 1252(f)(2) ("Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law.") (emphasis added); see also NLRB v. SW General, Inc., 580 U.S. ___, ___, 137 S.Ct. 929, 939 (2017) ("The ordinary meaning of 'notwithstanding' is 'in spite of,' or 'without prevention or obstruction from or by.' In statutes, the [notwithstanding any other provision of law] 'shows which provision prevails in the event of a clash.'"); In re Partida, 862 F.3d 909, 912 (9th Cir. 2017) ("That is the function and purpose of the 'notwithstanding' clause."); Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1083 (9th Cir. 2014) ("As a general matter, 'notwithstanding' clauses nullify conflicting provisions of law."); In re JMC Telecom LLC, 416 B.R. 738, 743 (C.D. Cal. 2009) (stating that "the phrase 'notwithstanding any other provision of law' expresses the legislative intent to override all contrary statutory and decisional law.") (internal quotation marks and brackets omitted); Jones v. United States, No. 08-645C, p.4-5 (Fed. Cl. Sep. 14, 2009); Kucana v. Holder, 558 U.S. 233, 238-39 n.1 (2010); Andreiu v. Ashcroft, 253 F.3d 477, 482 (9th Cir. 2001) (en banc) (the court clarified "that § 1252(f)(2)'s standard for granting injunctive relief in removal proceedings trumps any contrary provision elsewhere in the law."); Cisneros v. Alpine Ridge Group, 508 U.S. 10, 18 (1993) (collecting cases).
  18. ↑ Diego v. Sessions, 857 F.3d 1005, 1008 (9th Cir. 2017).
  19. ↑ 8 U.S.C. § 1229b(b) ("Cancellation of removal and adjustment of status for certain nonpermanent residents").
  20. ↑ Roberts v. Holder, 745 F.3d 928, 932 (8th Cir. 2014) (per curiam).
  21. ↑ Matter of J-H-J-, 26 I&N Dec. 563, 564-65 (BIA 2015) (collecting court cases); see also, generally De Leon v. Lynch, 808 F.3d 1224, 1234 (10th Cir. 2015); Vella v. Attorney General of the United States, No. 17-3478, p.5 (3d Cir. Aug. 2, 2018) (non-precedential).
  22. ↑ "After an applicant has been granted asylum, 8 U.S.C. § 1159, governs the process by which an asylee may apply for an adjustment of citizenship status to 'permanent resident.'" Khan v. Johnson, 160 F.Supp.3d 1199, 1201-02 (C.D. Cal. 2016). "Under this section, the Secretary of Homeland Security or the Attorney General may, in their discretion, adjust to permanent resident the status of any alien granted asylum who, inter alia, has been physically present in the United States for at least one year after being granted asylum, continues to be a refugee within the meaning of section 1101(a)(42)(A), and is admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of examination for adjustment of such alien." Id (internal quotation marks and citation omitted). "Subsection (c), in turn, refers to section 1182, which defines ten categories of individuals who are ineligible for admission to the United States." Id.
  23. ↑ 8 U.S.C. § 1229b(a) (titled "Cancellation of removal for certain permanent residents").
  24. ↑ 42 CFR 34.2(b)
  25. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 http://www.uscis.gov/files/form/i-601instr.pdf
  26. ↑ INA section 212(a)(1)(A)(iii)
  27. ↑ INA section 212(a)(9)(B)(ii)
  28. ↑ INA Section 212(a)(6)(C)(i)
  29. ↑ http://www.uscis.gov/files/form/I-212instr.pdf
  30. ↑ INA section 212(a)(9)(C)(II)
  31. ↑ Buss, David; Hryck, David; Granwell, Alan (August 2007). "The U.S. Tax Consequences of Expatriation: Is It a Tax Planning Opportunity or a Trap for the Unwary?" (PDF). International Tax Strategies. Retrieved 2012-05-18.
  32. ↑ "9 FAM 40.105: Notes". Foreign Affairs Manual (PDF). U.S. Department of State. 2011-10-06. Retrieved 2012-05-18.
  33. ↑ INA Section 212(a)(9)(C)(i)(I)
  34. ↑ 8 CFR 212.7(d); Meija v. Gonzales, 499 F.3d 991 (9th Cir. 2007); Samuels v. Chertoff, 550 F.3d 252 (2nd Cir. 2008)
  35. ↑ See also INA section 212(a)(1)(A)(iii).
  36. ↑ INA section 212(a)(3)(D)(iv)
  37. ↑ INA section 212(a)(6)(E)(i)
  38. ↑ 8 C.F.R. 1003.2(c)(1) ("A motion to reopen proceedings for the purpose of submitting an application for relief must be accompanied by the appropriate application for relief and all supporting documentation. . . .").
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