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VILA v. U.S. ATTY. GEN.

No. 08-16013.

598 F.3d 1255 (2010)

Carlos Roberto VILA, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

March 10, 2010.

Attorney(s) appearing for the Case

Steven Alan Goldstein, Pozo Goldstein, LLP, Miami, FL, for Petitioner.

David V. Bernal, Lindsay E. Williams, U.S. Dept. of Justice, Office of Immigration Lit., Washington, DC, for Respondent.

Before EDMONDSON and PRYOR, Circuit Judges, and CAMP, District Judge.

PRYOR, Circuit Judge:

This petition presents the question whether an alien living in the United States with an approved I-140 visa petition is "lawfully resid[ing] ... in the United States" under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), which grants the Attorney General the discretion to waive the removal of an alien who has been convicted of a crime of moral turpitude. The Attorney General lacks the authority for an alien who...

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