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ROTIMI v. HOLDER

Docket No. 06-0202-ag.

577 F.3d 133 (2009)

Felix ROTIMI, Petitioner, v. Eric H. HOLDER Jr., as Attorney General of the United States, Department of Homeland Security, Janet Napolitano, Secretary, Department of Homeland Security, District Director, New York District, Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2009.

Attorney(s) appearing for the Case

Daniel Shabasson, Pollack, Pollack, Isaac & DeCicco, Esqs., New York, N.Y., for Petitioner.

Dione M. Enea, Special Assistant United States Attorney, for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Respondents.

Judge KATZMANN concurs in a separate opinion, which is joined by Judge FEINBERG.

PER CURIAM.

This case calls upon us to interpret the phrase "lawfully resided continuously" as it is used in § 212(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(h), and as applied on the pending appeal. Petitioner Felix Rotimi, a lawful permanent resident, conceded in the proceedings below that he is removable, but he sought a waiver of inadmissibility pursuant to § 212(h). The Board of Immigration Appeals ("BIA") determined, based...

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