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HING SUM v. HOLDER

No. 05-75776.

602 F.3d 1092 (2010)

Yin HING SUM, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2010.

Attorney(s) appearing for the Case

Marie Kayal and Martin Avila Robles, Immigration Practice Group, San Francisco, CA, for the petitioner.

Blair O'Connor, United States Department of Justice, Civil Division/Office of Immigration Litigation, Washington, D.C., for the respondent.

Opinion by Judge MCKEOWN; Concurrence by Judge GRABER.

McKEOWN, Circuit Judge:

We consider a non-citizen's eligibility for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(h), where he has been convicted of an aggravated felony after his admission for permanent residence. Section 212(h), also referred to as the "§ 212(h) waiver" or "§ 212(h) relief," expressly bars from relief a non-citizen who has "previously been admitted to the United States...

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