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ROTIMI v. GONZALES

Docket No. 06-0202-AG.

473 F.3d 55 (2007)

Felix ROTIMI, Petitioner, v. Alberto GONZALES, as Attorney General of the United States, Department of Homeland Security, Michael Chertoff, Secretary, Department of Homeland Security, District Director, New York District, Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 3, 2007.

Attorney(s) appearing for the Case

Daniel Shabasson, Pollack, Pollack, Isaac & DeCicco, New York, NY, for Petitioner.

Dione M. Enea, Special Assistant United States Attorney, of counsel (Scott Dunn, Assistant United States Attorney, on the brief), for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Respondents.

Before FEINBERG, MESKILL, KATZMANN, Circuit Judges.

PER CURIAM.

At issue in this case is the construction of INA § 212(h), 8 U.S.C. § 1182(h), which requires that to be eligible for a waiver of removal, a Lawful Permanent Resident ("LPR") must have "lawfully resided continuously" in the United States for seven years before the initiation of deportation proceedings. Petitioner Felix Rotimi was denied such relief because the BIA—in a single-member nonprecedential decision—found that, as a matter...

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