The Fourth Circuit has determined that Immigration Judges have the authority to grant waivers in connection with U visa applications.
The full text of Jimenez-Rodriguez v. Garland can be found here:
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U visa waivers
The Seventh Circuit, in a scathing opinion, reaffirmed an Immigration Judge’s authority to grant a waiver to a U visa applicant, and reprimanded the Board of Immigration Appeals for ignoring the court’s prior decision in this matter. “We have never before encountered defiance of a remand order, and we hope never to see it again. Members of the Board must count themselves lucky that Baez-Sanchez has not asked us to hold them in contempt, with all the consequences that possibility entails.”
The decision in Baez Sanchez v. Barr can be found here:
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-23/C:19-1642:J:Easterbrook:aut:T:fnOp:N:2462983:S:0
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
The Eleventh Circuit has determined that Immigration Judges explicitly have the authority to grant waivers of inadmissibility in conjunction with U visas under section 212(d)(3) of the INA. In so doing, the Court joins the Seventh Circuit, and breaks with the Third Circuit and the Board of Immigration Appeals.
The full text of Meridor v. Attorney General can be found here:
http://media.ca11.uscourts.gov/opinions/pub/files/201514569.pdf