The Seventh Circuit has upheld the regulation applying a heightened discretionary standard to waivers under section 212(h) of the INA for applicants who have been convicted of a dangerous or violent crime.  The court also noted that the agency may employ a categorical approach or a fact-based approach to determining whether a particular crime is violent or dangerous.

The full text of Cisneros v. Lynch can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D08-25/C:15-3238:J:Wood:aut:T:fnOp:N:1816819:S:0

Comment