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From American Immigration Council's Legal Action Center.

Hanif v. Attorney General, No. 11-2643 (3d Cir. brief filed Sept. 19, 2011)

Mendoza Leiba v. Holder, No. 11-1845 (4th Cir. brief filed Dec. 7, 2011)

The LAC filed amicus briefs in two cases challenging Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010), a decision limiting lawful permanent residents’ ability to obtain waivers of inadmissibility under Section 212(h) of the INA. The cases involve a statutory amendment imposing bars on such waivers for immigrants admitted to the United States as LPRs. Adhering to the definition of “admitted” in the INA, numerous courts have held the amendment applies only to immigrants who entered the United States as LPRs, not those who adjusted to LPR status post-entry. In Matter of Koljenvoic, the Board found the amendment applies to all LPRs on the theory that adjustment of status always qualifies as an “admission.”

For many long term LPRs, relief under Section 212(h) is often the only means to avoid separation from U.S. family members. In its amicus briefs, the LAC argued that the Board ignored the plain language of the statute and mistakenly relied on absurd results it said would arise by following the definition of “admitted” in unrelated provisions of the INA. The cases are pending in the U.S. Courts of Appeal for the Third and Fourth Circuits. Oral argument has not yet been scheduled in either case.