The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Khan, finding that Immigration Judges do not have the authority to grant waivers of inadmissibility in connection with U visas. The court determined that the statute at issue is ambiguous. “Congress has not explained how to reconcile its grant of a specific inadmissibility waiver and sole grant of U visa adjudicatory power to the Secretary of Homeland Security, 8 U.S.C. § 1182(d)(14), with the pre-existing inadmissibility waiver power vested in the Attorney General for aliens who are seeking admission, 8 U.S.C. § 1182(d)(3)(A)(ii).” The court then deferred to Khan as a reasonable interpretation of the ambiguous statute.
This decision accords with Third Circuit precedent, but contradicts Seventh and Eleventh Circuit precedent.
The full text of Man v. Barr can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/10/24/13-70840.pdf