First Circuit Affirms Matter of Jean Heightened Standard

The First Circuit has determined that the heightened discretionary standard for 209(c) waivers articulated in Matter of Jean is a reasonable interpretation of the statute by the Attorney General. The court also found that the phrase “violent or dangerous crime” is not unconstitutionally vague.

The full text of Peulic v. Garland can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/20-1587P-01A.pdf

Seventh Circuit Addresses Violent or Dangerous Determination

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